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PoliticsProsecutors say they will 'reassess' position on Flynn sentencing after former partner's trial

01:20  11 july  2019
01:20  11 july  2019 Source:   thehill.com

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Prosecutors in Washington, D.C., wrote in a new court filing that they plan to " reassess " their position on what sentence Flynn should receive after the trial of his onetime business partner Bijan Kian, also known as Bijan Rafiekian. They noted the defense could still call Flynn as a witness at Kian' s trial .

But after statements his attorneys made to them in recent weeks, the prosecutors instead hope to Robert Mueller' s prosecutors gave him a lenient sentencing recommendation, suggesting to Judge It' s possible they will give the judge a more negative review of Flynn ' s ongoing cooperation than they

Prosecutors say they will 'reassess' position on Flynn sentencing after former partner's trial© Aaron Schwartz Prosecutors say they will 'reassess' position on Flynn sentencing after former partner's trial

Federal prosecutors on Wednesday expressed uncertainty at how the recent decision by the government to drop former national security adviser Michael Flynn as a trial witness against his former business partner should impact his sentence.

Prosecutors in Washington, D.C., wrote in a new court filing that they plan to "reassess" their position on what sentence Flynn should receive after the trial of his onetime business partner Bijan Kian, also known as Bijan Rafiekian.

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Prosecutors and defense attorneys spent the first day of the trial for retired Gen. Michael Flynn ' s ex-lobbying partner focused on a September 2016 meeting Flynn and others had with Turkish officials and an opinion piece Flynn published online on election day 2016.

U. S . federal prosecutors asked a judge Tuesday to sentence President Donald Trump' s former national security adviser, Michael Flynn , to up to six months in prison, according to a court filing. Flynn pleaded guilty to lying to the FBI about interactions with Russia' s ambassador to the United.

They noted the defense could still call Flynn as a witness at Kian's trial.

"At this time, the government cannot speculate on how specifically the aforementioned records will impact the government's sentencing position in the proceedings before this Court," prosecutors wrote.

"Rafiekian could call the defendant to testify at trial. As a result, the government intends to reassess its sentencing position at the conclusion of that trial," they wrote.

Court filings unsealed Tuesday revealed that federal prosecutors do not plan to call Flynn as a witness at Kian's trial in the Eastern District of Virginia, which is slated to start July 15.

The revelation marked a surprising reversal, and filings suggested that prosecutors made the decision after Flynn walked back some of his statements and because they no longer trusted him as a witness.

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Powell took over as Flynn ’ s lead attorney after he abruptly fired his longtime Covington & Burling lawyers in early June. At a status conference later Prosecutors in D.C. said they plan to “ reassess ” their position on Flynn ’ s sentence after the trial of Bijan Kian, his former partner , which is taking

Federal prosecutors and lawyers for President Donald Trump' s first national security advisor, Michael Flynn , on Friday asked a judge in Washington, D.C., to delay his criminal But they also noted Flynn may be called by prosecutors testify at the trial of a former lobbying business partners next month.

Flynn was widely expected to testify against Kian, his former business partner at the now-defunct Flynn Intel Group, who was indicted last December for illegally lobbying on behalf of the Turkish government.

Flynn pleaded guilty to lying about his contacts with the Russian ambassador to the U.S. as part of a deal to cooperate with former special counsel Robert Mueller in 2017.

While he was never charged in connection with the Turkey lobbying campaign, Flynn admitted to making false statements in Foreign Agents Registration Act filings as part of his plea deal to cooperate with the government.

Flynn abruptly delayed his sentencing in December after Judge Emmet Sullivan, an Obama appointee overseeing his case in D.C., harshly criticized Flynn for his crime. Flynn did so to complete his cooperation with the government, including presumably testifying at Kian's trial.

U.S. Says It Won’t Call Flynn to Testify Against His Ex-Business Partner

U.S. Says It Won’t Call Flynn to Testify Against His Ex-Business Partner Prosecutors won’t call former national security adviser Michael Flynn to testify against his former business partner, Bijan Kian, in his illegal-lobbying trial. The decision, disclosed in documents unsealed Tuesday, is a reversal for prosecutors, who told a judge last month that they planned to call Flynn. The trial of Kian, whose formal name is Bijan Rafiekian, is set to start next week in Alexandria, Virginia. require(["medianetNativeAdOnArticle"], function (medianetNativeAdOnArticle) { medianetNativeAdOnArticle.

Government prosecutors a year ago said they would ask Sullivan to spare Flynn any jail time because of But on Tuesday, DOJ attorney Brandon Van Grack said the government planned to refile a sentencing He didn’t indicate whether DOJ’ s position would change on Flynn ' s punishment

Prosecutors say they will ' reassess ' position on Flynn sentencing after former partner ' s trial . BY Morgan Chalfant 07/10/19 05:00 PM EDT.

The new developments could adversely impact Flynn's efforts to get a probationary sentence. Mueller, citing his substantial assistance in the investigation, had recommended Flynn receive little to no jail time. Flynn's attorneys have recommended he receive probation.

Prosecutors also indicated in the newly unsealed filings that they intend to designate Flynn as a co-conspirator in the case in order to introduce statements made by Flynn regarding the firm's lobbying at Kian's trial.

Flynn's attorney Sidney Powell said Tuesday that her client is still cooperating with the government and criticized prosecutors for attempting to designate him as a co-conspirator.

"While Mr. Flynn does not dispute the government's right to decide how to present its case and which witnesses to call, the government's sudden decision to reverse its long-stated position that Mr. Flynn is its cooperating witness, and to turn him into an unindicted coconspirator, is extremely prejudicial to Mr. Flynn," Flynn's legal team wrote in a memo unsealed Tuesday.

On Tuesday, Sullivan instructed government attorneys to file a submission by 5 p.m. Wednesday explaining how the developments would "impact" the proceedings in Washington, D.C.

Flynn's attorneys are also required to submit their response by Thursday.

Read More

Flynn juggled Trump campaign role with foreign lobbying, jurors told.
His foreign lobbying role has been central to the case against Bijan Rafiekian, a former business partner.

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