Looks to me like the DOJ (and Flynn) will lose on this one.
(1) This is the judge who told Flynn that he "sold his country out," and
(2) The DOJ's arguments for why the case should be dismissed were particularly stupid.
(1) That isn't true and
(2) That isn't the law
The DOJ doesn't get to invent law.
So I'm pretty sure the DOJ will lose on this one, even though, as I said earlier, predictions about what a court will do are nothing more than educated guesswork.
A court's job is to (1) determine the facts and (2) apply the law to the facts.
That's it. Legal business in a nutshell.
Now you're all ready for the bar exam.
You're welcome.