Retaliation? DOJ Reverses Position on General Flynn in FARA Case – Alleges Flynn is Co-Conspirator Immediately Before Trial

General Mike Flynn

Is the DOJ retaliating against General Flynn?

The Justice Department in an order on July 3rd reversed its position on General Flynn in the Flynn Intel Group FARA case and is now alleging Flynn is an unindicted co-conspirator rather than a government witness for an upcoming trial for his former business partner.

Flynn was supposed to be the government’s ‘star witness’ at the trial of Bijan Rafiekian on FARA related charges to lobbying work they both did which was, according to prosecutors, backed by the Turkish government.

Prosecutors reversed course last week and told a Virginia judge (Anthony Trenga) that they will no longer be calling Flynn as a witness.

The July 3rd co-conspirator designation of Flynn was revealed in a memo filed by Flynn’s lawyers on Monday.

It was also revealed in Monday’s memo that an FBI Agent harassed and put pressure on Mike Flynn Jr. by directly calling the younger Flynn, despite knowing he has an attorney.

Flynn’s lawyers, including Sidney Powell, reminded the Court in the July 8 memo that the Justice Department stated as recent as June 13, that General Flynn is not a co-conspirator in the case before the Court.

“The government should be legally bound by its judicial admissions and repeated representations to counsel,” Flynn’s lawyers argued.

For months the DOJ told the Court that General Mike Flynn was not part of a conspiracy and now, immediately before the trial, the DOJ alleges he’s a co-conspirator.

“Disturbing actions by the DOJ,” a lawyer said in a tweet.

“The prosecutors have been adamant Flynn testify that he authorized filing the FARA form knowing and intending that it contain false statements. Flynn cannot give that testimony because it is not true,” Powell wrote.

There’s more…

An FBI Agent put pressure on General Flynn’s son, Mike Flynn Jr., and tried speaking directly to the younger Flynn, knowing he was represented by counsel.

“Also July 3, an FBI Agent also called the younger Michael Flynn directly to question him despite knowing that he was represented by counsel. The Agent persisted in trying to speak with him even after he said to call his attorney,” General Flynn’s lawyers said.

Surprise surprise, former DOJ NSD head David Laufman (pictured below at Christine Blasey Ford’s garbage testimony against Kavanaugh) was personally involved in exerting “extreme and unprecedented pressure” on the FARA filing.

“In addition, former counsel had to decide what to file under extreme and unprecedented pressure from and extensive interactions with the National Security Division — including then-NSD head, David Laufman. Admittedly, former counsel had to make difficult judgment calls and they so with input from the NSD itself,” Powell argued.

Laufman represented Christine Blasey Ford’s FBI friend Monica McLean at the Brett Kavanaugh hearing.

Judge Emmet Sullivan (who is assigned to a separate case for General Flynn) issued an order on Tuesday afternoon demanding a full explanation as to why prosecutors are now reversing their decision to call Flynn as a witness.

Politico reported:

The move prompted Washington-based U.S. District Court Judge Emmet Sullivan to issue a sharply-worded order Tuesday afternoon seeking a full explanation of the falling-out and why he was told a little over two weeks ago that Flynn’s testimony was going forward as scheduled.

Sullivan ordered prosecutors to answer by Wednesday and Flynn’s defense to respond by the close of business on Thursday. “The Court will not extend these filing deadlines,” the judge warned.

Court filings unsealed earlier Tuesday in Flynn’s partner’s case in Virginia said the decision to dump Flynn as a witness followed “trial prep” sessions where prosecutors were dissatisfied by answers to questions critical to the case against Rafiekian, better known as Kian.

Defense attorneys for Kian also reacted with outrage to the last-minute change of heart from the prosecution.

“There are no new facts that the government has discovered about Flynn’s role or his actions during the period charged in the Indictment. What has changed is that the government has determined that (a) Flynn’s testimony is not to be believed, (b) the government lawyers cannot sponsor false testimony from Flynn, and (c) the government now cannot call Flynn as a witness,” Kian’s lawyers Robert Trout and Mark MacDougall wrote.

“General Flynn followed the law and hired the FARA experts,” Powell said in an email to POLITICO. “General Flynn is still cooperating with the government even if they don’t call him as a witness.”

So General Flynn was never charged in the FARA case last year, but because prosecutors have ‘lost confidence in Flynn’s testimony’ they magically flipped him into an unindicted co-conspirator — this is how the lawless DC swamp operates.

You Might Like