The DOJ and Defense (who are in agreement) will petition the DC Court of Appeals for a “Mandamus” meaning they’ll ask a superior court to order Judge Sullivan to dismiss the case.
DOJ/Def will show the Appeals Court the DOJ’s dismissal order, their reasons behind it, exculpatory evidence that was denied by the State, remind the court that the executive branch has sole discresion to charge or dismiss and inform the court that the case against Flynn was fraudulent from the very beginning.
For good measure (IMO), they’ll ask the Appeals Court to order Sullivan that all other “side projects” (Amicus & questioning Flynn’s former defense attys) be terminated as well.
If Sullivan decides to sentence Flynn that too will be vacated by the Appeals Court (not to mention a strong rebuke for going beyond his duties and enumerated powers).
Why is Sullivan doing this? Stubborn? Butt-hurt? Believing that he alone can end a case? Delay the case after the November elections?
—or—
Force POTUS to issue a pardon giving the Left talking points that POTUS “interfered with the court verdict”. If pardoned, Flynn might not have recourse when comes to a lawsuit.
“Delay the case after the November elections?”
BINGO! Delaying Flynn delays the other work Barr and Durham are doing. If Flynn is freed, others feeling the pressure may talk to save their hides, knowing Flynn will be free to show Barr and Durham where to look for evidence. As long as Flynn is bottled up, and the results of the 2020 election are uncertain, many participants in the crimes have no incentive to engage in a plea bargain.
He wants to force Trump to pardon Flynn so that Flynn has less of a case against the FBI leaders
Flynn’s original defense team should NOT have the inquiry into their side deals with DOJ dropped, although Sullivan should not supervise - he is a likely material witness or even target of the probe.