UPDATE 1: Understand this--the judge doesn't have to dismiss at this point. The motion is to compel discovery of "stuff" that the government--basically, Team Mueller--is withholding. From my point of view, however, dismissal for the grotesquely obvious prosecutorial misconduct is the easy way out for Judge Sullivan. If he wants to, that would allow him to wash his hands of a real can of worms, avoid refereeing an incredibly complex discovery process. Of course, that would also give Barr/Durham the perfect rationale to turn Team Mueller inside out--drag them all in front of Durham's Grand Jury, etc.BREAKING: Judge Sullivan canceled hearing because of "comprehensive briefing." He's going to rule on the briefs. pic.twitter.com/u7goXIqjbQ— Margot Cleveland (@ProfMJCleveland) October 28, 2019
The cancellation of oral argument tells us that Judge Sullivan is ready to rule, but not what his ruling will be. I understand, though, that Gen. Flynn’s legal team considers today’s order by Sullivan good news. Its comprehensive discussion of prosecutorial abuse in this matter stands unrebutted.