re: Flynn hearing live audio stream (9:30 am EST)

It is the process that Judge Sullivan has created that is unconstitutional. She has been hammering that point.

However, the technicality is discretion.

Mandamus cannot lie unless it is a ministerial act- no discretion. SP's point is that the constitution is what gives district court discretion but only to ensure that the dismissal is with prejudice to protect the defendant's rights.

Now this judge is looking for an out on the record.