NRO: The Politicized Order Inviting Amicus Briefs against the Flynn Case’s Dismissal

Andrew McCarthy thinks it is nearly impossible for Judge Sullivan to avoid dismissing the case against Gen. Flynn. His core argument is compelling: The instant the prosecution and the defense agree on dismissal, the controversy before the court is resolved. The case itself evaporates.

Put another way, the judge has no power to compel the prosecution to continue litigating the matter. And, there being no controversy at issue, there is nothing to render judgement about.

Follow-up Unmasking Requests _re_ Former National Security Advisor

Link to source.

The link provides a copy of the list of White House officials who requested the unmasking of Gen. Flynn’s name in intelligence reports documenting the surveillance of U.S. citizens. By itself the list doesn’t appear to be a smoking gun, although for some of the individuals it may become one.

Of the 39 officials who submitted unmasking requests, only a half dozen or so appear to occupy investigative or intelligence positions. I’m surprised that so many political operatives had such casual access to sensitive data. It is notable, too, that all the unmasking requests were submitted after the 2016 election but prior to the subsequent inauguration.