Law blogger Viva Frei does an excellent job in the above video of explaining the Sullivan brief and how truly bizarre it is. Once again, Sullivan wishes to be both judge and prosecutor, an attempt which makes him manifestly unfit to continue as a judge in this case, or in any case.
There was a treatment of this at Legal Insurrection. Wm. Jacobson is of the opinion that there’s a real possibility that they will not issue a writ because such would be ‘premature’. He said this is the real meat of the reply prepared by the judge’s outside counsel. I hope Jacobson is wrong, but it occurs to me that courts meddle a great deal but don’t protect us very much, and refusing to issue a writ would be in keeping.
https://legalinsurrection.com/2020/06/judge-emmet-sullivan-to-appeals-ct-in-flynn-case-its-premature-to-order-me-to-dismiss-the-case/
Oral arguments are set for June 12.