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@SidneyPowell1 statement on conviction of Rafiekian: "The Rafiekian conviction in the Eastern District of Virginia today should have no effect on General Flynn. He has been cooperating with the government for two years. 1/
2/ Obviously the government did not need his testimony to get a conviction. The conviction of Mr. Rafiekian is unprecedented-factually and legally. Significantly, the judge never even found enough evidence of a conspiracy to admit coconspirator hearsay.
3/ General Flynn was not a witness. I remain very concerned about the government's abuse of power and over- criminalization of innocent business conduct. No one understood the statute, and Covington partner Rob Kelner described the area of the FARA law as "murky."
4/ The government could not articulate the elements of the offenses it alleged, nor did it have any evidence to support it's own definition of what was "material" in the case. Rafiekian's conviction is ripe for reversal by the district court or on appeal.
5/ It will not withstand scrutiny any more than did the government's prosecutions of Arthur Andersen LLP or the Merrill Lynch executives in United States v. Brown-reversed by the Fifth Circuit. (FYI: This is @SidneyPowell1 throwing some shade at Weissmann.)
6/6 Regardless of the results of this case, General Flynn fulfilled his cooperation agreement with the government." END
