Meet the federal judge who pulled a surprise in the Flynn case

The fate of former national security adviser Michael Flynn lies in the hands of a federal judge with an established reputation of being a fiercely independent thinker.

U.S. District Judge Emmet Sullivan, who was appointed to the bench in 1994 by former President Clinton, will determine whether to grant the request by the Department of Justice (DOJ) to drop charges against Flynn, who pleaded guilty in December 2017 to lying to federal agents about conversations he had with then-Russian ambassador Sergey Kislyak.

On Tuesday evening, Sullivan pulled a surprise, announcing in a court filing that he would allow interested parties to weigh in on the case with amicus briefs, an unusual move for a criminal prosecution, and enter a scheduling order “at the appropriate time.” The move was opposed by Flynn's lawyers, who argued that it would be inappropriate to allow third parties to weigh in on the case.

Sullivan has several options for responding to the DOJ motion beyond Tuesday’s action.

Sullivan could eventually move to dismiss the case with prejudice, meaning Flynn’s case would be permanently dismissed and he could never be charged again for the same incident. Or, the judge could grant dismissal without prejudice, which would allow the case to be considered again — particularly if the White House flips in November.

Another option is for Sullivan to collect as much information as he sees fit before making a decision, which could include calling the U.S. attorney for D.C., Timothy Shea, and even Attorney General William Barr to testify.

He could also deny the motion, block the withdrawal of Flynn’s guilty plea and choose to proceed with sentencing the retired Army lieutenant general.