Robert Kelner

July 16, 2019 – Lt. General Michael Flynn judge calls former lawyers back to court and are accused of withholding case files

Judge Emmet G. Sullivan points to the U.S. flag while speaking to former national security adviser Michael Flynn on December 22, 2018. (Credit: Dana Verkouteren via/AP)

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)

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)