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I

UNITED

STATES

DISTRICT

COURT

FOR

THE

ASTERN

DISTRICT

Alexandria

Division

UNITED

STATES

OF

AMERICA,

V

V

Criminal

Case

No.

:18-cr-00457

BIJAN

RAFIEKIAN,

t

aL

FILE

UNDER

SEAL

Defendants.

MEMORANDUM

OPPOSING

COCONSPIRATOR

ESIGNATION

OF

NON-PARTY WITNESS

MICHAEL

.

FLYNN,

ENFORCE

THE

GOVERNMENT S

UDICIAL

ADMISSION

AND VACATE

THE

ON-DISCLOSURE

ORDER

Non-party

witness

Michael

Flynn

hereby

requests

relief

rom

the

order issued July

3,2019,

upon

ex

parte

application

of

he

government.^

The

government,

which

is

not

an

ordinary

party

to

a

ontroversy, ^

should

be bound

by

the

judicial

admissions

it

made

n

open

court

on

June

13,

2019,

n

direct

response

to

this

Court's

questions: that

Mr.

lynn

is

not

a

co-conspirator

in the

case before

the

Court.

This

s

not

a

mere

Correction to the

Record.

Moreover,

esignating

Mr.

Flynn

as

an

unindicted

co-conspirator

and

requesting

such

a

finding

by

this

Court

by

a

preponderance

of

he

evidence

is

unnecessary

even

according

to

the

government's

response,

which,

due

to

an

oversight

by

the

government,

new

counsel

received

at

9:03

pm

ast

night,

Sunday

July

7, 019.

The

government

tself

concedes

that

the

one

document

it

seeks

to

admit

per

hat

designation

is

''otherwise

admissible''

on-party

witness

Flynn

has

requested

any

and

ll

filings

the

government

made

to obtain the

ex

parte

order

on

July

3.

Mr.

lynn's

rights

are

directly

implicated

by

he

government's

iling

and

this

resulting

order,

yet

this

counsel

does

not

know

what

has

been

iled

against

him. Given

more

time,

ounsel

will

gladly

provide the

Court

any

additional

information

we

ind

on

hese

issues.

^

Berger

v.

United

tates,

295

U.S.

8,

88

1935).

Case 1:18-cr-00457-AJT Document 270 Filed 07/08/19 Page 1 of 15 PageID# 2777

