Vassenor wrote:So what makes it guaranteed that it will be dismissed with prejudice beyond you wanting that to happen?
I agree with the poster that the charges against Flynn will be dropped as a matter of course. It is how the system works. The judge is bound by oath to conform his actions to the Constitution.
Accordingly, the judiciary only has jurisdiction when the executive branch and a claimant/defendant are in adversarial dispute. The executive branch dropping the charges means no dispute. No dispute means the judge has no jurisdiction. In other words, there is no case. The brief for petition of writ of mandamus gives fitting and proper evidence for this. Thus the case will be dismissed with prejudice.
https://assets.documentcloud.org/documents/6935127/DOJ-Flynn-Brief.pdf
Some may not know that in American courts prejudice has a technical meaning. "With prejudice" means the case is dropped permanently. "Without prejudice" means the case (or charges) can be taken up again at a later time.