"This matter could have been over on July 16, ironically, if the judge could have had his hearing," Wilkinson said. Sullivan's attorney, Beth Wilkinson, has noted that Sullivan has not decided one way or the other on whether to sign off on the Justice Department's motion to dismiss Flynn's case, and that his motivation in appointing an outside judge was to simply hear all relevant arguments. A former federal judge appointed to review the Justice Department’s motion to dismiss criminal charges against ex-national security Michael Flynn has found that the government’s request should. And now your insisting that the district court contradict an order that he previously granted, he got on board - and now you're saying, 'actually, nevermind.'"
"And the government demonstrably said it could meet our burden of proof beyond a reasonable doubt, he looked at that, he scrutinized that. "The district judge at the government's urging accepted as factually supported by the government's evidence - didn't dream up this plea of guilty," Pillard said. In a blistering line of questioning to Wall, the acting solicitor general, Judge Pillard argued the pattern of facts with the DOJ's extraordinary move to reverse itself that Flynn should face justice for lying to the FBI seemed to clearly justify Sullivan's initial hesitance to accept its motion at face value. "Your position is, 'no,' he can't hear both sides from the law he has to drop the case like a hot potato without adversary closing argument." Circuit Judge Cornelia Pillard said, in an exchange with Flynn's attorney Sidney Powell. "It's the core of any judge's job to assess cases and view the strongest arguments that can be made on both sides," D.C. In Tuesday's hearing, though, several judges appeared to express concern over taking the extraordinary step of intervening in the case before Sullivan holds a scheduled hearing to consider arguments on the DOJ's motion. District Judge Emmet Sullivan to accept the Justice Department's request to drop the case. Some of the more common motions to dismiss are for: Lack of jurisdiction over the subject matter. Circuit Court of Appeals threw out a three-judge panel's 2-1 ruling that would have ordered D.C. There are many grounds or reasons allowed in the Rules of Civil Procedure to dismiss a new lawsuit before the case even gets going. A federal appeals court Tuesday heard arguments over whether a district judge overstepped his authority by not initially accepting the Justice Department's controversial push to drop its criminal case against former national security adviser Michael Flynn. If the plaintiff fails to resume prosecution within the stipulated time period, the court may take such initiative or grant such motion to dismiss unless the plaintiff shows justifiable excuse for the delay and a good and meritorious cause of action.