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To lawsplain this: If Flynn testifies, government can ask him questions about what happened. But now government says it isn't calling Flynn. What Flynn said to government before is hearsay and can't come in absent an exception to hearsay bar. Out-of-court statement by a 1/
2/ co-conspirator re the conspiracy is admissible even if hearsay. So government wants to call Flynn a co-conspirator to get that out-of-court statement in. The change from "not a co-conspirator to a co-conspirator" is less interesting to me than WHY government doesn't want
3/3to call Flynn now? And I also think it will be interesting because defendant can challenge the admissibility of Flynn's out of court statement in a motion (motion in limine) and argue Flynn wasn't a co-conspirator so it can't come in.
PS From Powell's filing (which only read summary), it appears another basis to have hearsay admitted than co-conspirator label. Need to read legal filings themselves to clarify...have 2 filings due though...so won't be for while. Maybe I should have gotten my Michigan license!
