BREAKING: Court grants Motion for Acquittal for Bijan Rafiekian (Flynn Intel Group/Turkey/FARA case).
"The evidence was insufficient as a matter of law for the jury to convict Rafiekian on either count"
Huge blow to DOJ National Security Division.
Judge:
The Gov't "failed to offer substantial evidence" that Rafiekian acted as an agent of a foreign gov't.
"There is no substantial evidence" that he agreed to cooperate subject to the direction/control of Turkey; no evidence of any implied agreement w/ Turkey.
On the Flynn Intel Group FARA filing:
"There is no evidence of discussions or suggestions, let alone an agreement, express or implied, to either avoid filing under FARA or to cause the filing of a false FARA registration statement."
On General Flynn and the alleged FARA conspiracy:
The gov't told the Court that "Flynn was not a member of the alleged conspiracy."
Full Memorandum Opinion here:
scribd.com/document/42728…
Conclusion:
"The evidence was insufficient as a matter of law to sustain either of Rafiekian's convictions, and the Motion for Acquittal is therefore GRANTED. Should the Court's judgment of acquittal be later vacated/reversed... the motion for New Trial is conditionally granted"
This part of the Memorandum is important and goes to points we've been discussing for some time now:
The NSD/DOJ has been reading Section 951 (Foreign Agent) far too broadly, including conduct not contemplated under the statute.
For what purpose?
951 >>> FISA? 🤔
Share this Scrolly Tale with your friends.
A Scrolly Tale is a new way to read Twitter threads with a more visually immersive experience.
Discover more beautiful Scrolly Tales like this.