Allow me to rephrase that. Technically it could happen, but it wouldn't mean anything or accomplish anything beyond a stalling tactic. What I'm really saying is that I can't imagine a scenario where this makes any difference whatsoever beyond dragging this out for a few more months.

I've said that since the first stalling tactic he's tried. If the DOJ declines to further prosecute the case and dismisses charges (with prejudice I believe is the term), Sullivan can't sentence him just because he still wants to. I don't know of any precedence for this kind of ruling. There's such a thing as jury nullification but I've never heard of prosecutorial re-assertion by a judge or actually in this case by an amicus attorney. I don't think that's a thing.

They want a review of this case to drag it out and perhaps find some kernel of dirt on somebody that they can turn into a media blitz. That's all this is. Flynn's not back in hot water nor is he going to jail.