Dems have the majority on that particular appellate court. That is the reason Dem Sullivan is making the en banc review request. He figures it will be decided along political lines if they do review it. I can/t say I disagree with him.
If the appellate court sides with Flynn, they are similar dirtbags like Sullivan and it should be expedited to SCOTUS. Afer some of their recent decisions though, I don’t have so much faith in Gorsuch, and of course Roberts is unreliable.
I wonder if there is anything the DoJ can do. They dropped the charaged. Sullivan has precent all against him in continuing the case. Judges are not prosecutors.