The US has responded to the en banc hearing request by Judge Sullivan. DOJ is still claiming Flynn's statements to the FBI were inaccurate, we shall see. https://www.scribd.com/document/469829633/Flynn-US-Response-to-Petition-for-Rehearin

DOJ reminding the court that they are not the party who filed the writ of mandamus. The 3 judge panel found that it was the executive power that was being trod upon by Judge Sullivan, this is a key point as courts granted mandamus to Flynn not DOJ the party injured.

DOJ still arguing that the prosecution of Flynn is not an "extraordinary case" that woudl give a judge grounds. I guess framing a 3-Star General & hiding the evidence for 3 1/2 years is not extraordinary....

It is like they are helping Sullivan's case here...
They confirm that the judge has a role in blocking motions to dismiss if the DOJ is harrassing the defendant. The very argument Sullivan put forward, that DOJ only requested 2 of 3 charges be dropped with prejudice.

In addition, does anyone here think the prosecuters were framing Flynn with "the approval of the Justice Department".
Did Barr's DOJ approve the DC US Attorney's office to claim in the Motion to Dismiss that Flynn has falsely accused prosecutors of misconduct?
No misconduct?

Of course there is "no basis to suspect that prosecutors" had acted badly. The DOJ filings in the case say that Flynn is lying about that misconduct and committing perjury by saying it under oath.

Here is the statement from DOJ's earlier filing. That Flynn is lying when he makes allegations of misconduct by Brandon Van Grack & his team.
Why does DOJ insist Flynn's allegations are false if they are the ones protecting him from Sullivan?
https://www.scribd.com/document/465986177/Response-to-Gleeson-Amicus-Motion

This is key to the conflict, DOJ is asking for no evaluation of new facts in the case. BUT DOJ insists that everything Van Grack & his team alleged about Flynn in 3 1/2 years of filings is still true & won't correct the record. Won't admit misconduct...

This is true, prosecutorial discretion is not subject to judicial review. Unless there is evidence that the prosecutors were acting to harass the defendant, motivated by a bribe or not with authority of DOJ.

The Motion to Dismiss was not filed as part of DOJ's constitutional responsibilities, but as a cover up in the DC US Attorney's office to hide the misconduct in the case. It was written if not motivated to prevent a ruling on Powell's Motion to Dismiss for Egregious Govt Conduct

As DOJ has said before, answering Judge Sullivan's questions about what happened in the Flynn case would embarrass DOJ & damage DOJ's reputation.

How can they argue that there was no misconduct but exposing the conduct would damage DOJ's reputation?

What conduct at DOJ in the prosecution of Flynn was so bad that asking DOJ about it would do irreparable harm to DOJ?

Yet DOJ says there was no misconduct in this case, how could asking questions about something that was allegedly legitimate, do irreparable harm?

All of this has been caused by one issue, DOJ's refusal to correct the record. It continues to say everything Van Grack & the SCO said about Flynn's guilt is still accurate, true & don't require a correction of the record.

Why is DOJ insistent upon supporting false allegations?

There it is, the DC US Attorney's office MUST maintain that their allegations against Flynn are true.

TO support a political branch impeaching the Attorney General for dismissing the charges against Flynn.