I think that's the plan to be honest. Not Flynn's plan but the Deepstate.

Because Flynn has already been proven innocent under the letter of the law. Deepstate can't win legally. So their only tactic is optics now.

So I think their plan is to do such a miscarriage of justice, force it to the Supreme Court, where the court will of course side with the law...but this will allow the media to paint it as "Trump's handpicked judges let Flynn go, Trump is corrupt!"