However, Rafikian’s fate took a U-turn three months later when U.S. District Court Judge Anthony Trenga overturned the verdict and ordered Rafikian to be acquitted, ruling that the admissible evidence in the case was not sufficient to sustain the jury’s clear conclusion that the project was undertaken. Was. At the behest of the Turkish government.
Trenga said the evidence of involvement with Turkish officials is highly speculative to dispel reasonable suspicion in the case.
However, all three appellate judges believe the government has the right position against Rafikian. One judge, James Winn Jr., was of the opinion that it would always be difficult to find direct evidence of foreign government control in any case alleging what seemed like regular lobbying on behalf of a foreign business for foreign government work.
“If you’re going to make a case like this, I’m thinking it’s not an easy case to prove,” said President Barack Obama’s appointee. “You have to rely on reasonable suggestions. Very rarely will you go to an agent to come and testify, the country has asked me to do something and so I am working with them. If you’re going to do that, it’s going to happen this way. “
Vin and other judges noted that the claim that Flynn’s company did the work for the Dutch company was similar to the proposal prepared for Turkish officials before Flynn’s team and Turkish citizen, Ekim Alptekin, who is intent on a contract for Alptekin’s company.
“It’s a very strong thing because it feels so bad,” Vinay added. “It’s the same person and you’re doing the same thing. … I don’t see how you can say that the jury can’t connect the two. “
“I think the parallel projects are part of the coincidence – part of the evidence of the circumstances,” said Judge Paul Nimier, who appointed President George HW Bush, the appointee of President George HW Bush. “It’s all a little funny.”
James Tysi, Rafikian’s lawyer, insisted that criminal charges should not be raised on suspicion that the Americans were acting at the behest of a foreign government unless some kind of espionage was involved.
“It was the government’s strategy at the time of the trial, to indicate that there was a lot of funny talk going on, but in the end they did not show that it was working in the direction of Turkey or under Turkish control, because it is necessary to show that some foreign officials really Were involved. Pass with instructions, ”Tysi said.
Jewish groups have repeatedly expressed concern about the aggressive enforcement of U.S. foreign agent law because Jewish Americans often lobby on issues of concern to Israel while regularly engaging with Israeli officials.
The appeals court’s arguments also raised the possibility that Flynn’s critics were eager to see their presidential pardon followed last month: the former national security adviser is now forced to testify under oath about his activities that he can no longer exercise his right against extinction. Origin. Flynn was expected to be a witness against Rafikian at his trial, but was stunned at the last minute by lawyers who clashed with Flynn’s new lawyers after the alleged conversion into Flynn’s expected testimony.
“If the case is back for a new hearing, you can call [Flynn] Now? Vinay asked.
“Probably, your honor,” Tise said. “Probably before we couldn’t have called him because he would have accepted the fifth, but probably, now he’s forgiven.”
In May, Rafikians’ lawyers wrote a letter to Attorney General William Barrow seeking a review of Rafikian’s case following the bar’s decision to drop the criminal misrepresentation case, brought in 2017 by Special Counsel Robert Mueller Flynn. Flynn did not admit during his guilty plea that he had given false information to the Justice Department about Turkey’s work.
Despite Rafikian’s plea to defend himself, the Justice Department has pushed with efforts to revive the case against the California businessman, who joined the board of George W. Wright on the board of Export-Import Bank before joining Flynn. Bush was appointed.
The appellate judges did not issue a decision on Friday. It was not clear from the argument session that the panel would reinstate the guilty verdicts or send the case back to Trenga, while allowing Judge Rafikian to hold a new hearing, the judge said he would allow if the accused was left on his appeal.
Two judges on the appeal panel expressed wrong feelings about the ness of last year’s hearing. Trenga allowed extensive evidence of the hearing in the form of emails, while warning the jurors about the limitations of the use of that evidence. He later concluded that the jury may have ignored his instructions.
“All I’m concerned with in this case is the hearing that was accepted,” said Obama-appointed Judge Barbara Keane. “Judge Trenga is a good judge and I think he really came out of this trial very worried.”
It is unclear whether the government will seek a second hearing with the possible wild card of Flynn’s testimony.
Trump is convinced that the Flynn prosecution is a political business, and Rafikian – who served as an adviser to the Trump transition team after the 2001 election – could apologize to Trump for the remaining five weeks of his term. Rafikian’s lawyers declined to comment on the possibility.
