co-conspirator

July 10, 2019 – Judge slams government argument that Michael Flynn is a ‘co-conspirator’ in former partner’s trial

Judge Anthony Trenga (Credit: American Law Institute)

“U.S. District Judge Anthony Trenga in the Eastern District of Virginia slammed the Department of Justice’s request to designate former National Security Advisor Michael T. Flynn a ‘co-conspirator’ in the ongoing case it has against his former business partner after the government stated on numerous occasions that Flynn was a cooperating witness.

Trenga issued the 38-page scathing opinion in the late afternoon Tuesday that the “United States at this point has not presented or proffered evidence to sufficient to establish by a preponderance of the evidence a conspiracy for the purposes of admitting against the Defendant the hearsay statements of alleged co-conspirators.”

Trenga goes on to argue that “Notably absent from the government’s proffer is any evidence from Michael Flynn, who, as discussed above, has admitted that he made certain false statements in the FARA filing that was the object of one of the charged conspiracy and has entered into a cooperation agreement with the United States that extends to this prosecution.”

Earlier on Tuesday this news site first reported that Flynn’s current defense Attorney Sidney Powell, who recently replaced Flynn’s former defense attorney Robert Kelner, submitted a filing to the Eastern District of Virginia fighting the government’s  proposal to ask the Court to deem Flynn a “co-conspirator” in the case against his former partner Bijan Rafiekian. The designation was solely for the purpose of obtaining the admission of one document the government itself claims is already admissible under a different rule, according to a brief filed by Powell. (Read more: Sarah Carter, 7/10/2019)

July 10, 2019 – Flynn’s lawyers: Mueller team wants false testimony, possibly retaliates when rebuked

Michael Flynn and new attorney, Sidney Powell. (Credit: Alex Wroblewski/Getty Images)

“Prosecutors from the team of special counsel Robert Mueller wanted Lt. Gen. Michael Flynn to testify to something that isn’t true, Flynn’s lawyers said. When he refused, they tried to label him a co-conspirator in a case where they previously said he was only a witness.

A federal judge denied the prosecutors’ move, saying the government didn’t present enough evidence to introduce Flynn’s statement as one of a co-conspirator.

Flynn, former national security adviser to President Donald Trump, is expected to face a light sentence after pleading guilty to lying to the FBI and after extensively cooperating with the Mueller team and the Justice Department. He was also expected to testify on another case of making false statements on foreign lobbying registration forms.

In his November 2017 guilty plea, he said that the forms submitted by lawyers for his now-defunct lobbying company, Flynn Intel Group (FIG), contained false and misleading statements. The prosecutors, however, recently asked him to testify that he signed those forms knowing about the falsities and intending for them.

He refused.

“Mr. Flynn cannot give that testimony because it is not true,” Flynn’s recently hired lawyers, Jesse Binnall, Sidney Powell, and William Hodes, said in a July 8 court filing.

They said Flynn only acknowledged in his plea the falsities “with some hindsight.” At the time of signing the forms, in March 2017, Flynn only read the cover letter and didn’t know about or intend for anything false in them, they said.

“Mr. Flynn trusted his former counsel who held themselves out as experts in this area of law,” the filing stated.” (Read more: The Epoch Times, 7/10/2019)