It is only a little more than three months to the election; en banc deliberation is certainly one possibility; note how long Sullivan is taking to act. This close to the election any high level appointments by POTUS is unlikely. {Flynn can still be working behind the scenes! The DS knows Flynn is a great threat. They can only hope to rig the elections and defeat DJT. $ billions are being spent to effect the DS desired election outcome.}
Seems as though there is a set time limit for Sullivan to act; if he doesn’t, Flynn is 100% free. Probably Sullivan is waiting until the last day and then will do... ???? until he does we won’t know.
BUt there is NO gag order on Flynn, I read that the other day. And Trump will win, nad Flynn will no doubt play a big part in his administration either before or after the election. Something may be “unlikely” but Trump does that every other day. The impossible happens a bit less frequently.