Government Will Name Flynn as Co-Conspirator in Rafiekian Case

The U.S. District Court for the Eastern District of Virginia has unsealed a number of documents relating to the government's decision not to call Michael Flynn as a witness in the trial of Bijan Rafiekian and Kamil Ekim Alptekin, but instead to designate him as a co-conspirator. The documents include the government's notice of correction to the record, the defendant's memorandum concerning the notice of correction to the record, a memorandum by Flynn opposing the co-conspirator designation, and the government's response to the defendant's memorandum. All four are included below, along with a minute order from Judge Emmett Sullivan of the U.S. District Court for the District of Columbia requesting that the government file a submission explaining how the unsealed filings will affect Flynn's case.

Update: The government's response to Judge Sullivan's order is now also available here and below.

MINUTE ORDER as to MICHAEL T. FLYNN. On June 24, 2019, defense counsel represented to the Court that Mr. Flynn was scheduled to testify at the trial in the United States District Court for the Eastern District of Virginia before the Honorable Anthony J. Trenga. See Hr'g Tr. (June 24, 2019), ECF No. 94 at 5:18-25; 6:1-11. On July 9, 2019, Judge Trenga issued an Order unsealing certain court records, see Order, United States v. Rafiekian, Criminal Action No. 18-457 (E.D. Va. July 9, 2019), ECF No. 279 at 1-2, including the following: (1) the government's "Notice of Correction to the Record," (2) Mr. Flynn's "Memorandum Opposing Coconspirator Designation of Non-Party Witness Michael T. Flynn;" and (3) Mr. Bijan Rafiekian's "Memorandum Regarding Notice of Correction to the Record." See Attachment. The government is ORDERED to file a submission to this Court by no later than 5:00 PM on July 10, 2019, explaining how the unsealed records in United States v. Rafiekian will impact the proceedings before this Court. Mr. Flynn is ORDERED to file his response to the government's submission by no later than 5:00 PM on July 11, 2019. The Court will not extend these filing deadlines. Signed by Judge Emmet G. Sullivan on 7/9/2019. (lcegs3) (Entered: 07/09/2019)