There are two aspects to the current imbroglio over the Justice Department’s attempt to dismiss the Michael Flynn case, which U.S. District Judge Emmet Sullivan so far has rejected.  The first is procedural -- whether Sullivan following Rule 48(a) of the Federal Rules of Criminal Procedure must dismiss.  The second is substantive, whether the basis the government gave for dismissal is legitimate.  As is almost always the case, left and right are completely at odds on the issue. On the right the government and conservative analysts rightly point out that Sullivan’s refusal to dismiss must fail.  There is no longer any controversy between the parties.  Discretion to prosecute is an exclusively executive function in this country.  The Constitution, common practice, and existing case law all overwhelmingly support this interpretation.  Both the Supreme Court and the Court of Appeals for Sullivan’s own District (the District of...(Read Full Article)