Wednesday, July 10, 2019

Flynn Case: The Prosecution Declines To Reassess For Now

Yesterday, in light of developments in the "Bijan Kian" case regarding Michael Flynn's FARA filing, Judge Sullivan--who is handling the criminal case against Flynn--issued an order in which he:

1) Ordered the prosecutors to explain by today (7/10/19) how the unsealed records in US v. Rafiekian ("Bijan Kian") would impact proceedings in the Flynn case, which are currently at the sentencing stage, and
2) Ordered Flynn's legal team to respond by tomorrow (7/11/19) to whatever the prosecution had to say today.

The prosecution has filed their explanation. Basically, the prosecutors decline to commit themselves or to speculate:

the government intends to reassess its sentencing position at the conclusion of the [Bijan Kian] trial.

The reasoning behind this posture is simple enough. The position of the government regarding sentencing, up to this point, had assumed that Flynn would testify as a cooperating witness for the government at the Bijan Kian trial. However, now that Flynn refuses to say that he deliberately lied on his FARA submission the government no longer intends to call Flynn--but the Bijan Kian side may do so. Therefore the government is in wait-and-see mode--wait and see what happens at the trial:

the government still believes that the sentencing hearing should be scheduled to follow the completion of that trial.

Presumably the government now wants to reserve the right to demand that the book be thrown at Flynn, based on his changed position regarding his FARA submission. However, as we saw yesterday, Flynn's team has ready responses to anything of that sort and, in the meantime, is undoubtedly looking for the best way to attack the entire basis for the Flynn prosecution and to withdraw from the previous guilty plea.

Tomorrow Flynn's team has their say.

ADDENDUM: Techno Fog comments in agreement with the above:

Not a surprising response. Use of future threats/risk to ensure witness cooperation or truthful testimony. Typical.


  1. Mr. Wauck,

    I find it hard to believe that Donald Trump would make General Flynn endure this travesty if he simply were going to pardon him after the sentencing. To my mind there is a greater good that will expose the Deep State.

    This is just one man's opinion.

    1. I would simply say that Flynn is far better off having the case tossed than being pardoned. I would bet that Trump would pardon Flynn if it came to that, but Flynn needs to look out for his own interests first. Switching lawyers--even at the last minute--was a step in the right direction. It never should have come to this, IMO.

  2. You put a twist on it that I hadn't considered. That is, that it is better for the case to be tossed.

    Still, a lot of good seems to be coming out of the Deep State being further exposed.

    1. It does seem to be coming out increasingly--as, for example, the Concord Management case.