How Should Judge Sullivan Determine if the Government s Motion to Dismiss the Michael Flynn Case is Appropriate? Reason.com

The Government’s motion to dismiss charges against former national security advisor Michael Flynn seems to have drawn more-than-ordinary scrutiny from D.C. District Court Judge Emmet Sullivan. In fact, yesterday Judge Sullivan appointed an amicus curiae (an experienced former federal judge) to file a brief in opposition to the Government’s motion. While Judge Sullivan may have been acting within his authority to seek an amicus view, this is a curious case in which to exercise such detailed scrutiny over Government dismissal motion. More than a decade ago, I called for careful review of Government dismissal motions in cases in which crime victims’ interests might be at stake. My suggestion seemed to have gained little traction then. If the Flynn case is going to serve as a precedent, then I hope the precedent will be applied evenhandedly to ensure that judges always consider crime victims’ views in evaluating Government dismissal motions rather than the ad hockery that this case seems to be producing.

via reason.com

Like Professor Cassell, I deplore the ad hockery but like the word.