Also, Ken White and Josh Barro discuss "Flynn's weird legal maneuvers" on the latest "All the President's Lawyers" podcast (which begins with a discussion about Jeffrey Epstein's sex trafficking case). Listen to it here.[N]ewly released notes provide added details about a dispute that spilled into public view earlier this week after it was revealed that prosecutors had dropped plans to call Flynn as a key witness at a looming trial [scheduled for Monday] of his former business partner, Bijan Rafiekian.
[...]
The decision to drop Flynn as a prosecution witness at Rafiekian’s trial startled District Judge Emmet Sullivan, who has repeatedly postponed Flynn’s sentencing in order to allow the former Defense Intelligence Agency chief to demonstrate his cooperation with the government by testifying at the trial.
The court filing Thursday from Flynn’s lawyers was a response to Sullivan’s request for more details from prosecutors and Flynn’s legal team about the reversal and how it would effect Flynn’s sentencing.
As recently as last month, prosecutors gave Flynn high marks for his cooperation. At the initial sentencing hearing last December, prosecutors recommended no jail time for Flynn, who spent 24 days as President Donald Trump’s first national security adviser before being fired for misleading his colleagues and investigators about his contacts with Russian officials.
However, about a month ago, Flynn dropped his lawyers from major Washington law firm Covington & Burling and shifted to a team led by [Sidney] Powell, a Texas attorney who became a major presence on cable TV with barbed critiques of Mueller’s squad.
However, about a month ago, Flynn dropped his lawyers from major Washington law firm Covington & Burling and shifted to a team led by Powell, a Texas attorney who became a major presence on cable TV with barbed critiques of Mueller’s squad. The move led to speculation that Flynn might adopt a more combative posture toward prosecutors and perhaps even try to back out of his plea deal. Powell insisted when she came on board that Flynn wasn’t looking to do that.
The move led to speculation that Flynn might adopt a more combative posture toward prosecutors and perhaps even try to back out of his plea deal. Powell insisted when she came on board that Flynn wasn’t looking to do that.
Now, at least some of that prophecy has come to pass. Flynn’s lawyers and prosecutors are at loggerheads, with Van Grack accusing Flynn of going back on some of the facts he admitted to as part of the 2017 deal.
“This is the language your client agreed to,” Van Grack told the defense lawyers during [an] acrimonious late June call, according to the notes.
Flynn lawyer Bill Hodes said that while his client conceded as part of his plea that some documents his firm submitted to the Justice Department about its Turkey-related lobbying work were inaccurate, Flynn never admitted that those misstatements were intentional or deliberate.
[...]
[Flynn's attorney] went on to suggest prosecutors were looking to send Rafiekian to prison for 15 years solely for his involvement in writing an Election Day 2016 op-ed prosecutors have said was intended to advance Turkish government interests.
[...]
Both sides have urged Sullivan to continue to hold off the sentencing because it is possible Flynn could be called as a defense witness at the Rafiekian trial.
politico
...but hey, do what you want...you will anyway.
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