When Robert Mueller’s goons forced Mike Flynn into pleading guilty to some tenuous bullsh**, they used Flynn to target his business partner Bian Kian or Bian Rafiekian. Eventually, he was indicted for violations of the Foreign Agents Registration Act, specifically that he was acting as an agent of Turkey despite zero proof in that regard. In fact, the court ruled that the prosecutors could argue neither a conspiracy existed nor that Turkey funded any of the work done by Flynn Intel Group. Because OrangeManBad as much as any evidence presented, Rafiekian was convicted on two counts: that he lied to federal agents and that he violated FARA.
Rafiekian’s lawyers had filed motions on three separate occasions asking for the judge to direct acquittal (filed at the end of the prosecution and the defense presentations) and that the judge overturn the guilty verdict (after the verdict was returned). Today the judge, in a rather blistering ruling, threw out the verdict. In fact, the order sounds a lot like what a non-lawyer would characterize as a malicious prosecution.
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. pic.twitter.com/utsc62r5BE
— Techno Fog (@Techno_Fog) September 24, 2019
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." pic.twitter.com/pSSPZFM5EV
— Techno Fog (@Techno_Fog) September 24, 2019
Full Memorandum Opinion here:https://t.co/gjgBOpwu40
— Techno Fog (@Techno_Fog) September 24, 2019
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? đŸ¤” pic.twitter.com/2Q0WF0ZbHV
— Techno Fog (@Techno_Fog) September 24, 2019
This is the full ruling
Rafiekian Dismissal Memo by Techno Fog on Scribd
A lot of this ruling seems germane to the Flynn case as his FARA violation is pretty much the same as that of Rafiekian.
I doubt that this will be the last Mueller related case to blow up. The ongoing action against Concord Management has been a dumpster fire since Day One and was an object lesson about just how incompetent Mueller’s team was when facing someone with the resources to fight them.
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