His former lawyer’s latest testimony establishes two facts, both of which benefit Michael Flynn and both of which the media has missed.
The special counsel’s investigation was a sham controlled by the intelligence community. Evidence has long suggested as much, but testimony earlier this week from Michael Flynn’s ex-lawyer—that Flynn’s former legal team had not seen recently revealed information purporting to implicate Flynn in a conspiracy with a Turkish agent—confirms it.
This testimony came on Tuesday when Flynn’s former Covington and Burling lawyer, Robert Kelner, took the stand at the trial of Flynn’s former partner at Flynn Intel Group (FIG), Bijan Rafiekian. Rafiekian, who co-founded FIG with Flynn, is on trial for conspiring with his co-defendant Kamil Ekim Alptekin and others (unnamed in the indictment) to act as an unregistered agent of the Turkish government and conspiring to file a material false Foreign Agents Registration Act (FARA) statement. (Alptekin is a fugitive believed to be in Turkey.)
The government had planned to call Flynn as a witness at Rafiekian’s trial, but at the last minute prosecutors informed the court that Flynn would not testify. Instead, prosecutors notified the court that they viewed Flynn as an unindicted co-conspirator and that they intended to present hearsay evidence against Rafiekian—something allowed if Flynn had conspired with Rafiekian and Alptekin to file the false FARA statements.
Last week, presiding Judge Anthony J. Trenga held that the government had not yet presented sufficient evidence of a conspiracy to admit prior statements made by Flynn and Alptekin. Until prosecutors made a preliminary showing of a conspiracy at trial, Trenga ruled, the hearsay evidence would not be admitted, and even then the government may be bound by its prior admission that Flynn was not a co-conspirator.
Then last Friday came the revelation that the government possessed previously undisclosed information supposedly implicating Flynn in a separate conspiracy with Alptekin. Rafiekian’s attorney disclosed this shocker at the close of a pre-trial hearing, telling the court that before the start of the proceedings, the government had handed him a one-sentence statement. “If I may read it for purposes of the record,” Rafiekian’s lawyer continued:
The United States government is in possession of multiple independent pieces of information relating to the Turkish government’s efforts to influence United States policy on Turkey and Fethullah Gulen, including information relating to communications, interactions, and a relationship between Ekim Alptekin and Michael Flynn and Ekim Alptekin’s engagement of Michael Flynn because of Michael Flynn’s relationship with...
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