A judge has rejected federal prosecutors’ last-minute attempts to name former national security adviser and retired Lt. Gen. Michael Flynn a co-conspirator in a Turkish lobbying scheme.
Judge Anthony Trenga on Tuesday decided against the prosecution’s attempt to designate Flynn a co-conspirator in the case against his former business partner, citing lack of evidence, according to court documents obtained by the Daily Caller.
“The United States at this point has not presented or proffered evidence sufficient to establish by a preponderance of the evidence a conspiracy for the purposes of admitting against the Defendant the hearsay statements of alleged co-conspirators pursuant to Fed. R. Evid. 801(d)(2)(E),” Trenga wrote, noting a federal rule that prohibits new evidence from being introduced during an ongoing criminal trial. . .
Prosecutors wanted Flynn classified as a co-conspirator in order to submit hearsay evidence. They decided suddenly last week that Flynn would not be testifying as a part of their trial plan in the case against his former business partner, Bijan Kian, according to a court filing on July 3.
Flynn’s legal team criticized the prosecution’s move and attempt to re-characterize Flynn after months of insisting he was their key cooperating witness. Prosecutors even specifically said in June that they did not consider Flynn a co-conspirator. (Read more from “Judge Won’t Designate Retired Gen. Michael Flynn Co-Conspirator in Foreign Lobbying Scheme” HERE)