Here we go mandamus will be heard by Judges Henderson, Wilkins, Rao.

The trio have ordered Sullivan "file a response addressing the mandamus that this court order the district judge to grant the government's motion to dismiss"

The Court also invites DOJ to respond

Here's the shot across the bow by the DC Court DC they specifically cited Fokker in its Order. They're telling Sullivan that he'd better explain clearly why Fokker isn't controlling.

He's fucked

Citing the Fokker case is significant IMHO the clock is now running, Sullivan has 10 days to either vacate his amicus orders, dismiss the case with prejudice to moot the petition for a writ of mandamus, or be prepared to be publicly flogged by the DC Court based on Fokker!

The DC Circuit was kind enough to give Barr a little political cover not mandating a response from the DOJ, but you never know, he could be seeking an advisory opinion from his Office or Legal Counsel to boost his position, the wheels in the DOJ don't move at rattlesnake speed

@SidneyPowell1 let us knows days ago she had motions cocked and locked just waiting to see what Sullivan was going to do. The DOJ has a lot more moving parts and moves slower. But with a Reagan Judge, a Trump Judge and a Barry Judge the future looks good.

Tick Tock Sullivan

I honestly don't expect Sullivan to stick his head in the wood chipper on this, but you never know, he may have lost his mind, but this would be a really bad way to go out, this is a high profile case with a million eyes on it.

Look at the filing by the DC Circuit they have pretty much sent a direct message "last chance dummy"

Rule 21(b)(1) allows the DC Circuit to deny the writ petition outright, without asking for a response. This is what happens most of the time with mandamus writs.

Instead the DC Court orders a response under Rule 21(b)(1), it shows it is concerned and wants to hear more. So Sidney is already ahead of the curve. Now If the DC Circuit not only ordered a response, it didn't stop there. Normally they "invite" the trial judge to respond.

This is no invitation, this is an order for Sullivan to respond. Instead of ordering the judge to personally defend the action under challenge the Appellate court 99.99% of the time appoint a lawyer as amicus curiae to defend the judge's actions. Not so here, that's ugly.

This is what this same DC Circuit did in the Fokker case in 2016 which is the main case @SidneyPowell1 relies upon in her writ, and the DC Court cited in their response to the mandamus writ. Sullivan is doubled Fokkered.

Not appointing an amicus curiae is an important point

This means that Judge Sullivan & his 3 clerks will have to PERSONALLY submit written briefing trying to legally justify his refusal to dismiss the Flynn case. This is not something they are even familiar with doing. They are normally spoon fed briefs & double check citations

The DC Circuit has chosen to put this case front and center, in the spotlight of every media outlet on the planet, and is making Sullivan explain himself and be held accountable to the public eye if he choses to fight this.

Long story short, of all the options available to the DC Circuit for ruling on @SidneyPowell1 's writ, the DC Circuit, chose to strap Sullivan to the rack William Wallace style and give him a chance to cry mercy or be disemboweled.

Guess we will see how dedicated he is....

Oh I also left out this part I highlighted in green

Federal Rules of Criminal Procedure Rule 48(a)

The government may, with leave of court, dismiss an indictment, information, or complaint. The gov't may not dismiss the prosecution during trial without the defendant’s consent.

The DC Circuit cited this rule in it's response to the writ of mandamus.

That's very specific

And in this case the government has the consent of the defendant obviously.

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.211.0_5.pdf