re: Flynn mandamus alloted to judges b/f DC Cir. Ct. of Appeal- Sullivan ordered to brief ct

NM. I found the case talked about. U.S. v. Sineneng-Smith. Stood for the proposition that a court shouldn't advance arguments, rather should be passive and rule only upon the arguments set forth by the litigants. I guess this goes to Sullivan interjecting the question of "perjury" into the discussion, since perjury was never alleged or asserted by the prosecution. Only question I have is whether a Motion to Dismiss is the proper vehicle to bring after a Judgment of Conviction has been entered. On the Civil side, you'd have to file a Motion to Vacate the Judgment rather than a Motion to Dismiss the Case. Will be interesting to read Sullivan's response.