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Sep 24, 2019, 7 tweets

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? 🤔

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