Michael Flynn’s Business Partner’s Appeal Revisited by Court

by Michael London | 03/18/2021 4:40 PM
Michael Flynn’s Business Partner’s Appeal Revisited by Court

U.S. District Court Judge erroneously disavows jury’s verdict on Turkey lobbying charges.

 

A three-judge federal appeals court reversed a jury’s decision in 2016 against California businessman Bijan Rafiekian, who had partnered with former Trump administration National Security Adviser Flynn to smear Fethullah Gulen, a longtime critic of the Turkish government.”

The U.S. District Court of Richmond noticed that U.S. District Court Judge Anthony Trenga erroneously violated the jury’s verdicts and decided on just certain emails on which he acknowledged at trial.

Even then, a judge from the Fourth Circuit Court of Appeals ruled that the evidence against Rafiekian was not too incriminating, suggesting that the convict could draw his own judgments dependent on circumstantial evidence and inferences.

We believe firmly that the jurors obtained ample proof to justify their finding that Rafiekian was behaving as an “agent of a foreign government.” Therefore, a reasonable juror could reasonably infer that Turkish entities were, in reality, responsible for the plan. While not a piece of proof, the information is evidence that was both national and restricted, as well as local and explicitly conveyed by Alptekin, was thus serving as a government messenger, passing on general and relevant directives.

But Mueller’s prosecutors never charged him in the national security advisor with knowingly submitting inaccurate information to the Justice Department of Justice but then required him to enter into a deal to help in which he deliberately sent at least some reports that were false. While Flynn later maintained that he had not read the documentation and did not know whether the material was right, some people raised doubts about his recollection of the facts in question. Noting that he was very new to the job and had just started working for WikiLeaks.

 In effect, the 4th Circuit Judge James Wynn’s decision found that the scheme conducted by Flynn’s consultancy company was unconstitutional but decided not to term it lobbying. Flynn’s work couldn’t be called something that was being performed on behalf of the Turkish government if he dismissed the allegations.

Wynn chose not to guess, stating, “We refrain from drawing conclusions concerning Flynn’s alleged participation.”

According to Judge Trenga, jurors were “adequately advised.” Since Rafiekian’s lawyers could not figure out the likelihood that the verdicts were influenced by his position, he may not have been allowed to elaborate on the situation in his appeal. The appeals court may not have authorized the request to consider it.

We are delighted with the Fourth Circuit’s careful analysis of the case and are satisfied that the jury’s decision was upheld by the testimony, acting U.S. Attorney Raj Parekh said. This detailed review of the criteria for foreign nationals working in the U.S. at the behest has identified the widely accepted reach and significant nature of U.S. information disclosure standards was approved by the U.S. Supreme Court. Conducting clandestine operations on behalf of a foreign power: This case reminds those who may not wear their American badge of pride that they could face criminal penalties for their behavior.

The issue of Flynn’s civil responsibility is now absolutely meaningless. Flynn pleaded guilty to charges of misleading claims concerning his discussions of Turkey, thereby extinguishing all criminal responsibility. In the light of the Russia case, he obtained a presidential pardon that seems to remove all concerns relating to his international lobbying.

Before issuing the parole, Barr ordered an extraordinary disciplinary inquiry and prosecution of Flynn; the Attorney General conducted an internal examination and review into his alleged indictment. He believed that the prosecution had been grossly compromised and brought it all the way to justice. However, the judge had not yet determined whether or not to vote on the motion, but at the time, the pardon was given. they are unable to speak about whether or any other important concerns about the Department of Turkish lobbying have been included in the study and questioned him about it repeatedly

Flynn was a close advisor to Donald Trump’s presidential campaign before working on the turkey project. After his win, Rafiekin was named to the Trump Transition Team as an assistant.

Some are claiming that the court got at least one reality wrong in the lengthy 40-page opinion issued in the latest Flynn/ Rafiekian case. “before Flynn was called to appear in Alexandria,” – during his preliminary hearing in February 2019, he confessed that he would not do so

It is also argued that the prosecutors convinced the court not to forbid Flynn from testifying because the plaintiffs had a problematic exchange. They disclosed that his evidence was potentially not beneficial to the prosecution after giving their opinion that it could have swayed the outcome.

Rafiekian may petition the appeals court’s entire bench to reconsider the case, or the Supreme Court will accept the case if she asks for it. Rafiekian will be sent back to Judge Trenga unless anything more is accomplished. This man risks potential imprisonment for the rest of his life, although it is rare for most staff to receive some time behind bars at all in jail.

Lawyers for Rafiekian had little to tell regarding the result of the decision or his potential ambitions at this point.

The appeals court observed that people who apply for government positions can nevertheless be held accountable for acts undertaken on behalf of a foreign government in service to a foreign principal that doesn’t even though they’re prepared to do the principal’s bidding. Wyn disagreed with that belief, stating that Trenga “was justified” in denying it.

With that specific regard to the ruling, it would make it more difficult for the government to utilize the section on which they were relying, aka “Section 951 Foreign Agents.”

Under this decision, the Foreign Agents Registry Act will be a choice for lawyers. Still, felony charges are more complicated to secure since an indictment needs proving that the individual knows of their duty to file as a foreign agent and refused to do so. The evidence would not have to be seen under “Section 951,” which is more conventional spying than it is supposed to be.

Wynn said Rafiekian could be working as a foreign agent for some other country or foreign agency was calling the shots for him if he was getting regular orders from the government daily. It is an issue if one’s service with foreign interests or providing assistance to them is in any way analogous to that doesn’t show one is an employee.

That is ambiguous since the difference relies on who has the bulk of influence of the main issues over the agent: an “agent who operates subject to international command” (such as an employee) or one who operates on the issues (or under) the agent to foreign-employer oversight.” “However, we can see no legal justification for removing the above variety of entity,” wrote Wynn, “the issue of why they fall into the limits of [Section] 951’s authority persists,”

the appeals judge rejected the contention that the provision’s penalties deviated from its meaning, for breach of which may include civil penalties, arguing that because there are no overt words in the law to that intend to be included, it is not appropriate to draw that conclusion

On a second, contested question, Wynn supported the government position: they had to prove “beyond a reasonable doubt” that Rafiekian’s actions were not “related to the commercial transaction” than the defense showing the issue’s purpose to have the charge fail. According to the appeals court, investigators were not required to show that Rafiekian’s acts were not regular business operations.

 

           President Trump pardons former National Security Adviser Michael Flynn

 

 

 

[Strategic Investment: The Post WWII World Order is About to Collapse]

 

 

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