July 16, 2019 – Lt. General Michael Flynn judge calls former lawyers back to court and are accused of withholding case files
A DC federal judge has ordered Michael Flynn’s former attorneys to appear in court next month after Flynn’s current legal counsel claims they haven’t been given the entire case file by the team at Covington & Burling.
Judge Emmet Sullivan, an Obama appointee, scheduled a status conference for August 27 at 11 a.m., and has invited a Senior Legal Ethics Counsel to weigh in on the conversation.
“In light of the representations made by defense counsel regarding the delay in receiving the client files, the Court hereby gives notice to the parties of the Court’s intent to invite Senior Legal Ethics Counsel for the District of Columbia Bar to attend the status conference and explain on the record the applicable District of Columbia Rules of Professional Conduct,” wrote Sullivan.
In a filing on Thursday, Flynn’s new attorneys Jesse Binnall, Sidney Powell and William Hodes wrote that they “do not yet have the entire file” from Flynn’s former lawyers and said they had been advised “it will be several weeks before all the information can be transferred.”
Flynn’s attorneys also reiterated that they already have a “massive” amount of files to review — spanning four hard drives that exceed 253 gigabytes of documents — and noted they had identified “crucial and troubling issues that should concern any court” without going into detail. –The Hill
Flynn’s former attorneys have responded, saying they will have the rest of the case files delivered by July 26, per Politico.
Meanwhile, Flynn’s former attorney testified on Tuesday against Flynn’s former business partner, 67-year-old Bijan Rafiekian, an Iranian-American who has been charged with illegally acting as an unregistered agent of a foreign government.
Prosecutors called ex-Flynn attorney Robert Kelner as a witness Tuesday at the trial of Bijan Rafiekian, 67, an Iranian-American businessman who was Flynn’s key counterpart in a lobbying and consulting firm the retired Army general opened after leaving government, Flynn Intel Group.
During about two-and-a-half hours on the witness stand in federal court in Alexandria, Va., Kelner appeared to do some damage to Rafiekian by telling jurors that the Flynn associate never shared key information about links between the lobbying work and Turkish government officials.
Kelner also said Rafiekian, better known as Kian, seemed upset by the lawyers’ recommendation in early 2017 that the firm make a retroactive filing about the work Flynn’s firm did to try to build support for the extradition from the U.S. of a dissident Turkish cleric, Fethullah Gulen. –Politico
“My recollection is that he was not happy about it. In part, he was not happy about the suggestion that FIG’s work primarily benefited the Government of Turkey,” said Kelner.
Attorney Robert Barnes raises the question: “Why was Covington firm ever representing Flynn given it knew it might be a material witness in a case related to Flynn? Did the government knowingly profit from this conflict?” (Read more: Zero Hedge, 7/16/2019)
November 30, 2018 – The case of Mueller’s mystery nemesis is picking up serious steam
“A case has been bouncing between the Washington, D.C. District Court and Circuit Court of Appeals at a breakneck pace since it was first filed in August. Pretty much everything about it has been under seal, though, so there’s no certainty on the issues involved. Whatever they may be, and whomever the person is, the court will address them in two weeks. The D.C. Circuit announced Friday that they will be hearing oral arguments in the case on December 14, in a closed session.
Law&Crime has previously reported on the mysterious legal battle that appears to be going on between Special Counsel Robert Mueller‘s office and an unidentified grand jury witness.
This latest development comes two weeks after the unknown appellant filed a 6,487-word brief in the case.
Speculation has been rampant as to what the case is about. Is it a challenge to Mueller’s authority like those brought by Roger Stone associate Andrew Miller or Concord Management? Is it something else altogether?
And most intriguingly, who is it?” (Read more: Law & Crime, 11/30/2018)
October 24, 2018 – Mueller appears to be locked in a dispute with a mystery grand jury witness, but much of the case is sealed
“Special counsel Robert Mueller appears to be locked in a dispute with a mystery grand jury witness resisting giving up information sought in the ongoing probe into alleged Trump campaign collusion with Russia.
It’s unclear exactly what the two sides are fighting over, but the case appears to resemble a separate legal battle involving an associate of Trump ally Roger Stone, Andrew Miller, who is fighting a Mueller subpoena. Miller’s lawyers are using the case, slated to be argued at the D.C. Circuit Court of Appeals early next month, to mount a broad legal assault on Mueller’s authority as special counsel.
In the more shadowy case, which involves an unknown person summoned before a grand jury this summer, the D.C. Circuit on Monday set a separate round of arguments for Dec. 14.
The case traveled in recent months from U.S. District Court Chief Judge Beryl Howell to the U.S. Court of Appeals for the D.C. Circuit, back down to Howell and back up again to the appeals court with most details shrouded in secrecy, another indication that much of Mueller’s activity is taking place behind the scenes and is rarely glimpsed by the press or public.” (Read more: Politico, 10/24/2018)
August 30, 2018 – The Justice Department discloses there were no FISA court hearings held on Carter Page warrants
“Judicial Watch today announced that in response to a Judicial Watch Freedom of Information Act (FOIA) lawsuit, the Justice Department (DOJ) admitted in a court filing last night that the Foreign Intelligence Surveillance Court held no hearings on the Foreign Intelligence Surveillance Act (FISA) spy warrant applications targeting Carter Page, a former Trump campaign part-time advisor who was the subject of four controversial FISA warrants.
In the filing the Justice Department finally revealed that the Foreign Intelligence Surveillance Court held no hearings on the Page FISA spy warrants, first issued in 2016 and subsequently renewed three times:
(National Security Division) FOIA consulted (Office of Intelligence) … to identify and locate records responsive to [Judicial Watch’s] FOIA request…. [Office of Intelligence] determined … that there were no records, electronic or paper, responsive to [Judicial Watch’s] FOIA request with regard to Carter Page. [Office of Intelligence] further confirmed that the [Foreign Surveillance Court] considered the Page warrant applications based upon written submissions and did not hold any hearings.
The Department of Justice previously released to Judicial Watch the heavily redacted Page warrant applications. The initial Page FISA warrant was granted just weeks before the 2016 election. (Read more: Judicial Watch, 8/31/2018) (Archive)