Wow! Jury Verdict Against Flynn's Partner--Tossed!
I'm frazzled after wrestling with the complexities of the Ukraine Hoax, so I'm doing this quickly. As everyone knows, jury verdicts are almost never overturned, but this one was. It's too soon to grasp the implications for Flynn--except that it can only be good news. CTH has a brief notice of the ruling
In a stunning and very rare move today Federal Judge Anthony J Trenga has thrown out the conviction of a Mike Flynn’s partner Bijan Rafiekian (Flynn Intel Group) and granted the defendants’ motion to acquit. [Hat Tip to Techno-Fog for the ruling]
This is a huge blow to the DOJ-NSD who framed their special counsel case on sketchy FARA violations and bamboozled the jury with dubious legal theories. This type of intervention by a federal judge is very rare.
and a link to the judge's opinion . Money quotes:
“The evidence was insufficient as a matter of law for the jury to convict Rafiekian on either count”
The Government “failed to offer substantial evidence” that Rafiekian acted as an agent of a foreign government”
“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 judge is offering the legal standard for overturning a jury verdict--"evidence was insufficient as a matter of law for the jury to convict." The detailed analysis will be in the 39 page opinion.