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DOJ Claims Flynn Was Involved in Conspiracy to Target Turkish Exile

Tobias Hoonhout
National ReviewJune 8, 2020

The Justice Department said in a new court filing that it is “unsustainable” to suggest that Michael Flynn “was not a part of any conspiracy” with members of the Turkish government.

The filing was drafted as part of the government’s case against Bijan Rafiekian, a former business partner of Flynn who was prosecuted by Robert Mueller on charges of conspiracy and acting as a foreign agent. The development marks a departure from the DOJ’s decision last month to drop charges against Flynn.

Rafiekian’s defense recently wrote to Jeff Jensen — the U.S. Attorney that Attorney General Bill Barr appointed to review the Flynn case — to request that Rafiekian’s case get a similar review, but the DOJ is pressing ahead with a request to the 4th Circuit Court of Appeals to move forward with its case.

“Defendant argues that the district court should have instructed the jury not on law but on a specific fact: that Michael Flynn was not a part of any conspiracy. That argument is unsustainable,” the DOJ says in its brief, which was filed on Sunday.

“Wrongful and wasteful use of scarce taxpayer resources,” Flynn’s lead attorney Sidney Powell told Politico on the decision to include Flynn in the case against Rafiekian. Flynn’s case has yet to be dropped, with the D.C. Circuit hearing oral arguments this week after the judge overseeing Flynn’s case refused to comply with the DOJ’s request.

Rafiekian was found guilty by a jury — only for a judge to later overturn the conviction — after Flynn said in his initial 2017 guilty plea that he had made “materially false statements and omissions” related to Foreign Agents Registration Act (FARA) filings for his Flynn Intel Group.

Prosecutors used Flynn’s admission to say Rafiekian, a former Trump transition team adviser, had secretly worked as a Turkish agent to hide the fact that Flynn signed a contract in 2016 for $530,000 to investigate Fethullah Gulen, an exiled cleric and critic of the Turkish government who lives in the U.S.

The "deep state" lives on.....

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