There's no jury because there is no trial. Flynn pleaded guilty in his case almost two years ago. This is all a bunch of legal and bureaucratic machinations over his sentencing.
Since he has not yet been sentenced he can withdraw his plea. So far he and his attorney has not taken that step. He did file a motion to compel the US Attorney to provide exculpatory evidence that could provide a basis for an outright dismissal. That motion to compel is what is being considered now.
The Judge in this case, Emmitt G. Sullivan was also the judge in the Sen Ted Stevens case in which he overturned Steven’s conviction because the prosecutor withheld exculpatory information. He also ordered the DoJ to conduct training of their attorney’s in Brady procedures. So he may not be too happy to see the DoJ doing the same old thing.
Ah yes that’s right I’d forgotten for a moment. So much to keep up with these days. Wasn’t there a move to withdraw the guilty plea since Muller had a gun to Flynn’s son’s head?