Opinion: Judge Sullivan is handling the Flynn case just fine
, as well as inherent judicial authority, not only permit U.S. District Judge Emmet G. Sullivan to determine whether the dismissal of the Flynn case is in the public interest and otherwise is consistent with the interests of justice, but require him to do so.
However “biased” he might be in opposing the motion to dismiss, is he any less biased than whatever lawyer the Justice Department will send to argue in favor of ending the prosecution? Indeed, rephrase that so-called bias as “zealous advocacy,” something that the legal profession’s code of professional responsibility requires of counsel. That sets the stage for the kind of adversarial proceeding that our common-law tradition has established as the best way to determine the truth.
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