I think it would be complelely nuts for the en banc appeals court to rule in Sullivan’s favor and then for Sullivan to go ahead and sentence Barr for “perjury,” but I am not entirely sure they won’t try that anyway. Further, I am not sure how Roberts would rule on appeal.
The goal is to run the clock until the election. I think that will happen, courtesy of the federal judiciary.
I don’t foresee Sullivan charging Flynn with contempt, but if that’s what it takes to cause a long enough delay (on account of how quickly this procedural red herring takes), then that’s what will happen.
SCOTUS won’t take the case no matter what.