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I don't think it is true that "all indications" are the D.C. Circuit will grant Flynn's writ of mandamus . . . he will win eventually, but that is different.

1. The Circuit Court could have granted the writ of mandamus immediately, but it didn't;

2. Judge Wilkins, an Obama appointee on this Panel, wrote an opinion denying a writ of mandamus in the Roger Stone case (on 10/22/19) because Stone could move for reconsideration with the lower court. The decision explains: "Where a mandamus petitioner has an adequate alternative remedy, however, we lack jurisdiction to grant the petition."

3. The panel had to find a way to work around the opinion Judge Wilkins wrote less than a year ago because Judge Sullivan gave Flynn and the DOJ until May 26th to move for reconsideration of his motion allowing amicus briefs.

4. The Panel gave Judge Sullivan 10 days to respond (which is after May 26th). If either Flynn's team or the DOJ move for reconsideration, then Judge Sullivan will point that out and the Court of Appeals will deny or delay Flynn's petition. If they don't file for reconsideration, Judge Sullivan may argue that they should have.

The Court of Appeals may be telling Sullivan that Flynn is going to win in the long run, but they are giving him at least this one opportunity (and maybe more) to avoid being embarrassed.

Not just an indication. Read the order and the only conclusion is that the Circuit Court will grant the petition and order Sullivan Sullivan to sign the order dismissing the case.

If the Circuit Court really wants to turn the knife, they can sign the order themselves.