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He'll have to choose what to do there on his own, the only motion active before him is government motion to dismiss the case with prejudice.

Interesting statement, that got me thinking. There are actually three motions (at least) pending before the judge, as even the DoJ's filing notes.

1. There is the original motion by Flynn's counsel that he be allowed to withdraw his guilty plea, which is mostly based on the poor and conflicted representation he had from his previous law firm, Covington. That motion has been pending for many months now, but Judge Sullivan has not ruled on it, in part because Covington is still coughing up documents that (may) further support the arguments being made by Flynn's lawyer.

2. There is the slightly later motion filed by Flynn's counsel that the case be dismissed due to prosecution misconduct and in the interest of justice. This motion has also been pending for a couple months, and it is held up because the Government has not completed turning over the exculpatory evidence, which again will be used by Flynn's lawyer to bolster the claims she is making.

3. And now, added to this is the third pending motion in the trial, the one the DOJ filed yesterday.

So, it's interesting to speculate about whether Judge Sullivan grants one of these other motions, or addresses all of them, or ignores the older one and just accepts the clear "emergency exit" that the DOJ has provided.

What happens if he accepts Sidney's Powell's motion to dismiss the case? Does he do that with or without prejudice? Maybe he accepts her motion to dismiss, but allows the DOJ to refile? That would be the Deep State play at this point.