I am not sure how thrilled the circuit court will be to allow Sullivan to conduct a political three ring circus over an issue that the courts have been pretty clear on. I think there is a 50/50 chance they grant Powell’s petition even though they would normally not do it until Sullivan has actually ruled. The is a simple question of justice here. The end result is clear. The case must be dismissed and allowing Sullivan to further bankrupt Flynn is pretty much unconscionable.
He has ruled to ask amici to brief rather than dismissing as he is bound to do. And, it's mandamus, which is interlocutory in nature, not appeal from a final judgment.