Legal eagles question: Do prosecutors have an ethical obligation to drop a guilty plea case if they can't prosecute it any longer? This is about Flynn. It would be a terrible trial for DOJ (with all the politics, strzok, texts, notes, etc). 1/x
I ask in this context. Let's say a guy pleaded guilty to gun possesssion. But the cop who arrested him was fired for doing something. And the DNA on the gun came back to someone else. Now, the dude pleaded guilty. There might even be security video of it. ...
But prosecutors couldn't win it at trial. Do prosecutors have an obligation to drop a case like this if they don't think they can win it? Now, Flynn is a little different in sense that his plea specifically says doj can use those admissions as evidence against him...
whether that would survive on appeal if the case was dropped, I don't know. DOJ raised some of this in its motion to toss it, but mostly focused on a tougher argument that Flynn's lies were not material. I am sure @jgeltzer @bradheath @neal_katyal have thoughts on this.
apologies if my analogy is a bad one
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