Judge Wilkins just showed his hand (allegiance to Obama) but using, as a hypothetical, a rule 48 motion to dismiss situation where the DoJ moves to dismiss a case because "it didn't want a white policeman standing trial for using excessive force against a black victim" (clearly racist) and the ridiculous scenario where the DoJ even expressly states this reason in its brief.
The facts that Sullivan publicly berated Gen as a "traitor" and directed amici to brief the court on why "contempt" and "perjury" charges should not lie against Gen Flynn overwhelming indicates the the D.C. circuit is facing a mandamus against a district judge who has exceeded his power under the Constitution. The circuit court, the parties and the Country, itself, all find themselves trying to maintain judicial order against the backdrop of actual anarchy and insurrection being condoned by the City of Seattle, Washington, the largest city of the pacific NW. The circuit court is facing a question which all parties agree is clearly "beyond the pale". America is in flames and only the granting of the writ of mandamus will help fight this epic blaze while a denial of the writ will only serve to add fuel to the fire.