In a totally transparent delaying tactic in the Flynn case, Sullivan issued an order requiring the government to "authenticate" FBI documents that that were mistakenly scanned without removing "sticky" notes bearing dates. The government has already explained what happened, and indeed it was totally obvious:
Just more delaying tactics from Judge Sullivan. The unfortunate fact is that this stall campaign has worked. It’s all down to the election now whether Flynn goes free https://t.co/d6Rig0y8ph— Undercover Huber (@JohnWHuber) October 23, 2020
BREAKING: @GenFlynn case. I'm old enough, and yet young enough, to remember when Special Counsel & holdovers misrepresented AUTHOR of notes to Judge Sullivan and he shrugged! pic.twitter.com/LMO0NuyMZT— Margot Cleveland (@ProfMJCleveland) October 23, 2020
A commenter on UCHuber's thread noted:
He’s trying to force @realDonaldTrump‘s hand - make him issue a pardon so the dismissal motion becomes moot.
IMO: Not gonna happen. Flynn, with Powell's support, will go to the SCOTUS if that's what it takes to get the dismissal with prejudice. At some point along the way some judge will ream Sullivan a new one for disgracing the federal courts in this way. OTOH, even if Sullivan folds and grants the government's motion as written, Powell and Flynn--and probably Trump--will have plenty to say. I'd like to say Barr will, too. IMO, DoJ has a duty to speak up about judicial miscarriages and unconstitutional trespassing on executive authorities.