The pleadings make all that clear, but understood they are dense and not many people take the time to find and read them.
A key term in there is "the relief he desires." What is the relief or remedy sought? That object is highly variable, and the outcome can turn on how "the relief" is stated.
What Flynn is seeking is close to summary "close the file" on the criminal case. But the trial judge wants to conduct hearings and take arguments why Flynn should not be charged with criminal contempt, which is an odd thing because it is a charge leveled by a judge, not by the executive, not by a prosecutor.
So, the issue at this moment is not dismissing the "lied to the FBI" charge. That charge is gone.
The relief requested is as I outlined, the difference between dismiss, vs. being subjected to a show cause why you shouldn't be under criminal contempt. The only way to get that relief is to tell the trial judge he can't have the hearing he's set up.
Sullivan and the dissent in the appeals case said that it's premature to order Sullivan to do anything, because he hasn't made a decision yet. That's BS. He decided to order a show cause event.
Thank you for that clarification. It sounds like you’re a lawyer and have taken the time to read the pleadings. I’m a lawyer, but have not read the pleadings. In any event, this certainly has become a kangaroo court. Each day I am finding it more and more difficult to have respect for, and confidence in, the system.