There is no case here as the DOJ has withdrawn its case.
The DoJ can only withdraw its case with leave of the court. The case is not dismissed until a judge says it is. This petitition seeks to have the Circuit Court to order the District judge to get is mind right.
Sometimes the reasons the government has laid out for dismissal are so blatantly obvious, there is no room for a judges discretion. To not dismiss the Flynn case is an abuse of discretion.