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.
"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.
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."
"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."
The gov't told the Court that "Flynn was not a member of the alleged conspiracy."
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"
"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? 🤔
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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