Obviously there is nothing in front of the Supreme Court...today. You can bet there will be if Sullivan disallows the dismissal. It was only days ago the Supreme Court smacked the 9th Circus down 9-0 for doing essentially the same thing.
Similar but you’re correct on the Supreme Court decision. However this is a federal criminal case not civil.
If an appeal is required, and I hope it’s not necessary, it goes to the federal court of appeals I believe. The Supreme Court should not need to ever see it.
The case law should be more than adequate to end the matter but Judge Sullivan should not give them such unnecessary chores.
It would be a gross injustice to the rule old law and an innocent man in General Flynn.