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1. This is not a good development. Prosecutors better have a convincing reason to offer the judge regarding why they are declining to comply with the judge’s order to make public certain matters in the Flynn case. I’m the first to admit that Judge Sullivan’s order is unusual...
2. However, prosecutors refuse to comply with court orders at their peril. Unless there is a sealed filing in the case that further explains the prosecutor’s decision to decline to comply with the court order, I anticipate Judge Sullivan might issue a “Show Cause” order . . .
3. Directing the prosecutors to demonstrate why they should not be held in contempt for failing to comply with a court order. We’re not there yet, but this is the kind of thing that could ripen into a true constitutional crisis. Potential danger ahead . . .
