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Rafiekian et al April 12th & 15th update

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Posted on April 15 2019

 

 

See March 13th update, as it relates to Flynn’s Sentencing and this EDVA matter. As Flynn (based on the Government’s and Defense Motions) will likely be a material witness.

See March 17th update, in this entry I walked you through the complexity of Giglio Materials. The Defense Strategy Of preemptively impeaching Flynn’s credibility and further particularized the oddity of Flynn’s plea deal. Coupled with the Government’s unexplainable defense and shielding of Flynn. (Also you should check out the MAGA and/or QAnon comment on this entry, apparently someone is super triggered)

See March 31st update: here I explained how Flynn and Covington’s position of urging the Court to withhold the “client file” is/was problematic. And further explained that the Defendants arguments had significant merit, specifically as it relates to the Flynn Intel Group FARA Filing. And how withholding the FIG file would and could have unintended consequences.

 

 

April 9-15 Update 

 

 In the March 31st update I explained that the Court would likely make a narrow determination but that we shouldn’t be surprised if the Court grants the Defendants motion to compel...as it relates to the FIG client file. I made that assertion based on knowledge and details disclosed in the previous filings. Specifically the Defendant’s assertion that he paid $55,000.00 towards the legal opinions of Covington. As such (hopefully this google drive link will work) 

I also think it is appropriate for me to once again disclose the inherent bias I have against Flynn. I will make every attempt to withhold me personal bias and stick to the facts. My failure of allowing my personal animus to leach in to this entry is something I have to acknowledge, otherwise I would be intellectually dishonest. I should also disclose that EDVA is my semi-wheelhouse and of course I have my favorite Judges.

 

April 10th Order Document No 101

Given the aforementioned filings and the factual arguments previously discussed it should not come as a surprise that Judge Trenga DENIED Covington’s motion to quash the subpoena dues tecum. 

...the Court DENIES the motions to quash in their entirety and orders that all documents within thescope of the subpoenas duces tecum be produced pursuant to a protective order to be agreed upon by the parties.

 

Separately I’d like to draw your attention to the following portion located on page 2. Based on the tic-toc contained within Judge Trenga’s April 9, 2019 Order, we know have confirmation that the Special Counsel’s Office and the EDVA AUSA had two (potentially parallel) investigations surrounding Gen Flynn and Flynn Intel Group (FIG). And yes why there was a broad consensus born from an assumption, it is actually satisfying to see it written as a matter of “fact” versus “fiction”.

 

 

🌶SpicyFiles - Sidebar🌶 By way of background it was the following OpEd written by Flynn...it’s this particular paragraph that I find (personally speaking) most problematic...

 

Gülen portrays himself as a moderate, but he is in fact a radical Islamist. He has publicly boasted about his “soldiers” waiting for his orders to do whatever he directs them to do. If he were in reality a moderate, he would not be in exile, nor would he excite the animus of Recep Tayyip Erdoğan and his government.

 

And as previously predicted the cage match centers around item # 8 and wether privilege was waived and wether or not Flynn had the power to make unilateral decisions given he only had 50K more shares, whereas Rafiekian held 300K shares.

Granted I previously explained the significance of the Articles of Incorporation and that I found Covington’s and Flynn’s arguments entirely problematic because by virtue of the State of Delaware’s laws but most importantly that Flynn and Covington had pierced the veil...it’s hard to unpierce the veil of confidentiality... interestingly enough Judge Trenga made similar observations in his April 9th Order. Granted he was far more artful that my snarky:

Oh come on, you really expect the Court is going to buy that baloney sammich? Your OWN FARA filings had your partner listed as CEO and Chairman. Bejesus Flynn get your act together 

 

I have to admit it’s affirmimg to see that the Court noted the same deficiencies and problematic areas that I had previously noted. It seemed incomprehensible to me that both Covington and Flynn and by proxy the Government would use such a weak argument to quash the subpoena. 

 

Again (hopefully this google drive link will work), in sum and substance the Court denied Covington’s (and their Attorney) Motion to Quash. And ordered the entire FIG Client File be turned over. 

 April 12th Motion to adjurn PreTrial Conference

Understandably the Defendant moved to ask the Court to delay. Given that the Government had notified all parties that the production of classified discovery was extensive and unclear if they could meet the previously agreed upon schedule. Full disclosure, out of an abundance of caution I took the liberty of redacting the Attorneys contact information in Document #102 

 

Mr. Rafiekian moves the Court to (1) adjourn sine die the April 15, 2019 deadlines to file all pre-trial motions and notice pursuant to Section 5 of the Classified Information Procedures Act (“CIPA”), and (2) schedule a status conference to discuss and set new dates for these filings.

April 9, 2019, this Court denied Covington’s and Verderame’s motions to quash the subpoenas and ordered that they produce all documents responsive to the subpoenas by April 20, 2019, five days after the current pre-trial motion deadline. Covington’s and Verderame’s client files will likely contain important information regarding FIG’s registration under the Foreign Agents Registration Act...

 

As such the Court granted the Defendants request to reset dates. Apologies I am unable to locate an open source link to today’s ORDER (PACER paywall) found here.

 

 

 

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