The Federal Rules of Criminal Procedure state that prosecutors may dismiss a case “with leave of court.” At issue in the Flynn case now is exactly what level of discretion this gives the court. Gleeson argues that it covers the current situation, claiming that federal prosecutors gave a pretext for why they want to drop the case. OBAMA KNEW DETAILS OF FLYNN CASE, SHOCKING TOP DOJ OFFICIAL, DOCS SHOWThe Justice Department’s motion to dismiss raised such concerns about investigators' conduct. Judge Sullivan also asked Gleeson to examine whether Flynn should be charged with perjury, since he said under oath that he was guilty. In a court filing, Sullivan said mandamus is inappropriate at this stage because there remains the possibility he could still dismiss the case on his own.

Source: Fox News June 10, 2020 18:11 UTC