That is not correct. Until there is a decision from the Court of Appeals on a Petition for a Writ of Mandamus, Sullivan has no authority to take any action. Even if the COA rules against Flynn, there would be a request to have the entire Circuit Court to hear the case, which would most certainly be granted. If Flynn were to lose that, it's on to the Supreme Court.
Don't be discouraged. The pleadings in the case matter far more than the oral arguments. The Obama Judge tried every dishonest way to find a way to deny the Petition for a writ of Mandamus.
Powell and the DOJ attorney had two different jobs, and they probably discussed who would argue the different issues. They both did so well, the posturing of the Obama judge may not make a difference. The COA has to address the facts and the law, so actually ruling against Flynn is going to be very hard to do and maintain any sense of respect for the law.
Good thing if Flynn loses in the COA, the campaign issue of the courts and the appointment of Constitutional abiding judges will be even more urgent than 2016.
Flynn is not going to prison and Trump is going to win in a landslide.
https://www.courtlistener.com/docket/6234142/united-states-v-flynn
-- ... actually ruling against Flynn is going to be very hard to do and maintain any sense of respect for the law. --
I've watched so many courts twist the rule of law to get the desired income, "rule of law" is, to me, nothing but a false platitude. Wilkins won't have any trouble ruling against Flynn. And the District Court judges that are "Wilkins-like" don't have any counterbalance in the form of a panel. Not many defendants have the financial or emotional wherewithal to appeal whim.
-- Flynn is not going to prison and Trump is going to win in a landslide. --
I agree Flynn is going to be okay, and I think Trump will win but no so sure about landslide. Rigged election is rigged.