He is at liberty to decline the motion and proceed with sentencing, however, it would get appealed right away.
I'm not going to continue to argue with you, as facts do not seem to phase you. I will just ask you to provide a link to confirm your statement.
In the meantime, the judge has:
1) Declared he intends to do something he stated 24 times in this case he would NOT do / allow.
2) Called upon a 2nd Judge, a retired Trump-hating judge who just 2 days ago wrote an anti-Trump Op-Ed, to step in to argue against why the DOJ's dismissal of the case against Flynn should be ignored, a move the vast majority of liberal and conservative judges are calling nearly unprecedented and unheard of.
Sullivan obviously is against dropping the case against Flynn, despite the unethical and criminal acts perpetrated by both the FBI and Mueller prosecutors; however, as an active Judge still on the bench he does not want to personally be the one to make the decision to reject the DOJ's dismissal. He wants the ability to blame / point to someone else, which is where this outside Trump-hating retired judge comes in.
It's Sullivan's job to make the ruling, but he does not have the balls to do it because his personal decision is based on partisanship. He doesn't want it to appear that way; however, by going against what he declared 24 times he would NOT allow in this case and bringing in a Trump-hating former Judge who just wrote an anti-Trump Op-Ed, he is doing everything he can to prove his actions are now politically biased except perhaps for writing it on his forehead.
BOTTOM LINE:
Sullivan is doing the Democrats' bidding right now by taking this action. Sullivan WILL NOT allow this case to drop - MARK MY WORDS. The DOJ appropriately dropping this case allows Flynn to walk without the Left's ability to blame President Trump.
Democrats want to turn the tables and make this decision / case NOT about the unethical and illegal set up and take-down of Flynn by Obama and his FBI. THEY SEEK TO MAKE IT ALL ABOUT PRESIDENT TRUMP BY FORCING HIM TO PARDON FLYNN.
That's the only way the Democrats, Obama, Biden, et al... have any chance of spinning this whole mess they created, any chance they have to save face, and accuse President TRUMP of being the one doing something wrong here, despite the pathetic travesty Sullivan is engaging in right now to make this happen.
THAT IS THE BOTTOM-LINE GOAL NOW FOR THE DEMOCRATS.