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Flynn Sentencing DELAYED (again) updated

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Posted on March 13 2019

See bottom of this entry to review the updated filings recently uploaded to the docket. Two new filings in total, and yes both centered around Mike Flynn...

update # 3, Government’s request to delay the March 15, 2018 Motion to Compel hearing DENIED

 

Flynn Joint Status Report

 

requesting a 90 day continuance

(again but it’s complicated)

 

Sorry I’m still of the belief that Flynn is no Patriot or “he’s the victim” of the deep state. No Flynn is exactly what he looks like. A man that used his power and sullied the prestine uniform he once wore. Granted this Video is Flynn in July 2018 but it delights me every time I watch it.

 

 

 

 

Remember what I said about to watch for this week, I gently reminded you that Flynn had a Joint Status Report due by March 13, 2019.

 

Welp he filed early and its super interesting. Flynn has requested a 90 day continuance in today’s Joint Status Report which was filed shortly before 9:23PM on March 12, 2019 the parties filed their Joint Status Report.

Peripherally speaking filing this Joint Status Report late in the evening of March 12th was/is a prudent move. Given March 13, 2019 will be wall to wall coverage of Paul Manafort’s DDC Case Sentencing. I hope the DDC Judge throws the Law Library of Congress at Manafort. Seriously, I’m not kidding.

What I found slightly odd is Flynn’s Continuance, of which:

 

the Government “takes no position on the Continuance

 

Yet here’s what I find super fascinating, factually speaking, 90 days from March 12, 2019 would be June 11, 2019. In the preceding sentence the JSR cites the “other” EDVA case (with Flynn’s former business partner) would be June 11, 2019 +/- 3 days. As I am factoring in various Federal Holidays. I naturally assumed that perhaps this was an inadvertent mistake because (shocker) lawyers can be wrong, so I pulled down Bijan Rafiekian’s docket for EDVA case no: 1:18-cr-00457.

 

 

 

The last sentence on page 2 is also interesting as it’s plausible and probable that Flynn might be called as a witness in the EDVA matter of his former Business Partner.

 

 

February Trial Date Officially Ordered

Pursuant to Document No 48 on the docket for case no 1:18-cr-00457-AJT, Judge Trenga orders a new trial date of July 15, 2019. There’s no open source link to this Order, however this is the PACER link to document no 48.

 

 

 

It wasn’t until I drilled down on Bijan Rafiekian‘s EDVA case no: 1:18-cr-00457, apologies this case actually slipped my radar and my bandwidth has been extremely limited as of late. I have now enabled automatic alerts for this case, as to ensure timely updates when warranted. See February 13, 2019 Minute Entry below.

 

 

Flynn’s March 2019 Joint Status Report make sense. Yes Rafiekian’s trial was originally docketed to commence on February 11, 2019. Based on the Refiekain/Alptekin case, both defendants have put forth an aggressive and unyielding defense strategy. Flynn is directly in their crosshairs. For weeks the Defendants have fought to compel the Government, Flynn and Covington Burlington.

 

🌶SpicyFiles Sidebar🌶 Giglio Materials  broadly speaking those “materials” are typically used to “impeach” the character and/or the Testimony of a Prosecution witness, with respect to Flynn it’s actually a decent defense strategy. Meaning use giglio materials prove Flynn got a “sweetheart deal”, Flynn voluntarily entered into a plea deal, Flynn is a felon, etc, it’s literally why the defendants want a litany of Documents.

 

Giglio v. United States, 405 U.S. 150 (1972), SCOTUS ruling, unanimous ruling via the Burger Court.

Question posed to SCOTUS: “the prosecution’s failure to disclose a promise of immunity made to a key witness grounds for a new trial?”

SCOTUS Answer: The Supreme Court held that evidence of the agreement was relevant to the witness’ credibility. Because the new evidence affected the witness’ credibility and the prosecution’s case rested almost entirely on this witness’ testimony, the original trial violated due process

 

On February 22, 2019, the government responded to Rafiekian’s request with the following:

“must decline [the] request,” ...basing its refusal on a government-determined standard of relevance that “General Flynn spoke to the FBI on a number of occasions on matters having nothing to do with Mr. Rafiekian specifically, or with Turkey or the Turkey project in general.”

The government further stated,

“We have read those 302s and are in the process of re-reviewing them with our Giglio obligations in mind ...”

 

Shortly thereafter Judge Trenga granted the Defendant’s subpoena request and Ordered the Government to produce the rrelevant Giglio Materials, by March 18th

 

 Weird how you think the Trump Administration could not be any more corrupt  or unethical or just plain incompetent. I’m about 100% positive deleting Mike Flynn’s resignation is 100% in violation of the Presidential Recirds Act. Especially ironic that the Trump Administration deleted Flynn’s resignation from the White Houss .gov website sometime after March 1, 2019

 And with that Rafiekian’s sent various subpoenas to wit they were returned unexecuted (sorry no open source link, paywall) 8 page filing for document number 

 

But the interesting information related to Flynn can be found here...

 

You can read my December 18, 2018 entry where I drilled down on Flynn’s previous Sentencing hearing that went off the rails shortly after it started. Entry found here. See the December 2018 Indictment of Flynn’s former business partner here. I further discussed Flynn’s FARA issues in this entry.

And then of course that weird 2016 “traffic ticket”...for Bijan Rafiekian

No really I’ve never understood why the media didn’t dig deeper in to this case, what’s weird is I can only recall twice before (going on 16 years) where the DOJ charged in Federal Court. Again my assumption is if Bijan was traveling on GW Parkway (which is under the jurisdiction of Park Police) why was Bijan ticketed in a “maintenance yard” and why are there so many sealed & restricted documents on this particular criminal (EDVA) docket. I mean it’s not everyday that the AUSA sends a letter to a defendant “ticketed” for reckless driving.

 

 See sometimes it’s worth peeling back the layers to see where the possible points of intersections are...because if you take the time you’ll find interesting datapoints...

 

 

 

 

Karma, thy name is Flynn... 

 

 Update # 1 Giglio Materials

One has to wonder what exactly are the Defendants Rafiekian et al after? Factually speaking the Government’s assertion that some of Flynn’s FBI 302s have already  been released is accurate. Although I get the sense that the Defendants strategy is:

 

  • Impeach Flynn’s character and testimony. As to dirty Flynn up as a convicted felon for lying to the FBI

  • That Flynn’s global testimony and cooperation should be viewed as unreliable therefore the charges against the Defendants are without merit.

  • The defense is trying to find an opening to punch through at the expense of Flynn’s cooperation and at the peril of the evidence against the Defendants.

 

Here’s a little secret about judicial proceeding, if a party refuses to “play ball” or offer a counter proposal that tends to cause significant blow back for said party who’s capitulating. Hence why the Government’s Opposition repeatedly states that they made several (presumably in good faith) efforts to accommodate Rafiekian et al’s subpoenaes. Yet the Government’s newest position is asking the Court to delay the motion to compel production of “certain FBI interviews and other documents” hearing from March 15 to April 12, 2019. See open source link to the Government’s request for a 4 week continuance.

 

 Contextually I agree with the Government’s position on the “matter of urgency” also known as time is of the the essence but the reality is the Defendants have yet to formulate a reasonable argument supporting the expedited disclosure of Giglio Materials. Conversely my assumption is the Defense strategy is: “your honor the Government is stonewalling their production of relevant evidence”...the actual and practical reality is those two trains-of-thoughts can actually ring true, independent of what the “perception is”.

 

 

Notwithstanding it is clear that the Government’s case against the Defendants relies on considerable testimony and documentary evidence from Flynn. Although if I’m going to be intellectually honest, I’m not a fan of Flynn. Those who continue to canonize Flynn as the victim, do they not understand that Flynn isn’t a clean and upstanding as he or his son have made him out to be? I mean seriously Flynn openly discussed renditioning colloquially known as kidnapping Gülen back to Turkey for a massive payday. As in Flynn was stone cold serious about kidnapping Gülen  who by the way is a lawfully here in America. Also when people try to argue that FARA isn’t related to Counterintelligence and/or our National Security please refer them to page 3 of this filing, specifically show them who & what criminal division within our DOJ are prosecuting this case👇🏻

Update # 2 Rafiekian response:

The reality here is that Rafiekian actually makes a few decent counter arguments in his most recent filing. Specifically as to why the Court should deny the Government’s request for a four week continuance. But then again I’m not an attorney or a Judge, so we will all have to wait and see  Judge Trenga’s determination, now that both sides have presented their arguments as it relates to the aforementioned subpoena and document production.

Defendant Rafiekian’s argument is the Government mandated various “stipulations and agreements” before the defendant or his counsel can review the Giglio Materials as further detailed on page 2 paragraph 2, which reads in part:

 

Such a delay would not allow Mr. Rafiekian sufficient time to review the Giglio materials, incorporate any of those materials in its pre-trial motions, and prepare and file such motions.


...in exchange for making available Giglio materials that the Government is obligated to produce – included

(i) agreeing to review only a subset of Flynn’s 302s based on some standard of relevance determined by the Government,

(ii) stipulating to the authenticity of documents that the defense has not yet seen, and

(iii) agreeing to characterize as “business records” certain emails and text messages that in no way fall within that hearsay exception.

 

So in some respects I can understand why the Defendant and his counsel are objecting to the Government’s positions and conditions concerning the Giglio Materials. And then the Defense goes for the throat reiterating that the Government’s previous filing isn’t accurate:

 

In light of the time-consuming nature of reviewing potentially classified materials and the imminent pre-trial motions deadline, the Court should deny the Government’s last-minute effort to further delay disclosure of the requested Giglio materials. For the reasons described above and in Mr. Rafiekian’s Motion to Compel.


 

 So now we wait to see what Judge Trenga rules, although it is pretty curious to me that the Government is bending over backwards to shield Flynn. There could be a multitude of reasons but let’s be clear here, we are all speculating and it’s best to wait for the Judge. As in Judge Trenga will likely rule shortly if the March 15, 2019 hearing on Rafiekian’s Motion to Compel. Basically stay tuned...

 

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2 comments

  • Marie G: March 15, 2019

    Great post, Spicy. That is very interesting, that Flynn’s resignation letter has disappeared from WH records. Glad it’s been captured elsewhere. With the motion to delay denied, thank heavens, I look forward to the Ides of March. Thank you for keeping up the good trouble, appreciate you.

  • Mina Hirose: March 13, 2019

    Excellent reporting Spicy. Thank you!!!

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