Because it is known that Covington & Burling had both had a conflict of interest and withheld exculpatory evidence.
https://mobile.twitter.com/we_have_risen/status/1257210812696944640?s=21
The Twitter link above reveals an email from a New York Times reporter named Mark Mazzetti to lawyers at Covington & Burling. Mazzetti is asking for a meeting with General Mike Flynn’s attorneys to discuss what the New York Times had just discovered, that Joe Pientka told IG Horowitz that Andrew McCabe ordered him to alter the FD-302 report originally filed in the Flynn case.
Remember, the text messages that indicated Peter Strzok and Lisa Page were conspiring to alter the FD-302 we’re not found by the Justice Department, they were found by Covington & Burling... so they knew all along...and judge Sullivan knows they knew.
Read my comment on this post and you will see why I think that matters. I believe it’s comment number 52 or 54.
Your take is plausible. I’ve also heard speculation that the judge is just doing every thing he can to stall the case past Jan in the hopes that a Dem administration will withdraw the motion to dismiss. But I don’t think he can stall it that long. Flynn will file a writ of mandamus seeking to compel the dismissal motion to be granted and the law is on his side. So you may be right. The judge may be going to throw the lawyers under the bus as cover to grant the motion. But, he’s burning a bunch of bridges by doing so. It will be interesting to see how this plays out.