The federal judge overseeing the ongoing conviction of former national security adviser Michael Flynn has set a Wednesday afternoon deadline for the government to explain whether new developments in a related case would result in Flynn's jail time.
D.C. Judge Judge Emmet Sullivan ordered Flyn's lawyers in return to submit a response to the government's arguments by noon. 17.00 Thursday adds, "The court will not extend these deadlines."
The order comes shortly after the prosecutors revealed that they will not call Flynn to testify to the upcoming attempt at his one-time business partner and now consider him
Judicial documents not filed on Tuesday in the Federal Government of Alexandria show that the prosecutors have changed their minds to put Flynn on the stand by next week's neglect of Bijan Kian.
Flynn's lawyers have protested against the face and said that prosecutors wanted him to stand and admit things that were not true. Flynn's judgment had been postponed so that Sullivan could take into account Flynn's level of cooperation at the Kian trial.
"On June 24, 2019, the Defense Attorney for the Court represented that Flynn was scheduled to testify during the trial in the United States State District Court for the Eastern District of Virginia before honorable Anthony J. Trenga," the order from Sullivan read. "On July 9, 2019, Judge Trenga issued an order to reject certain registries … the government is entitled to file a submission to the Court by 17:00 on July 10, 2019 explaining how the unsealed records in the US v. Rafiekian will Influencing the case before this court. "
Flynn has been co-operating with federal prosecutors for several months to avoid any prison period, but broken his law firm last week – in a step he proposed to dispute the terms of his appeal. Flynn, who attended a fireworks-filled judicial hearing in December 2018, has consistently requested that Sullivan delay his judgment while continuing his state cooperation.
"I do not hide my disgust, my contempt for this crime," Sullivan said during the hearing he briefly suggested Flynn could be guilty of treason before returning to thought.
One of Flyn's new lawyers, Jesse Binnall, pointed out that the prosecutors explicitly said a June 13 hearing that they did not consider Flynn to be a co-conspirator in the case. Binnall said it was wrong for the government to reverse that assessment simply because they did not find his testimony useful.
FLYNN SEGER FBI PUSHES HAVE NOT TO BE STORED TO FATFUL WHITE INTERVIEW  "The government's turn also sounds an alarm of potential retaliation and may have ramifications for Mr. Flynn beyond this trial," Binnall wrote in a legal document.
Kian is accused of acting illegally as a foreign agent. Prosecutors say Kian acted on the Turkish government's request when he persuaded Flynn to write a November issue critical of Fethullah Gulen, a US president, a nemesis of Turkish President Recep Tayyip Erdogan.
The legal advice Flynn and Kian received about whether to register as foreign agents – and its admissibility in the trial – has been an important issue in litigation.
After the document ran, state lawyers Flynn and Qia's joint venture, Flynn Intel Group, questioned whether they should sign up as foreign agents. Flynn Intel Group is ultimately registered under the Foreign Agent Registration Act. But the claim claims that Kian deliberately made false statements to his lawyers and to the FARA registration form.
Binnall says that when Flynn made the FARA application, he thought at the time that he provided accurate information. Binnall said the prosecutors wanted Flynn to admit that he knew the statements were false at the time he made them.
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"Mr. Flynn can't give this testimony because it's not true," Binnall said.
Flynn pointed out guilty in December 2017 to lie about his contacts with the Russians in the months between Trump's election and his inauguration in a separate case, then, Special Counsel Robert Mueller. Flynn had been a prominent foreign policy adviser to Trump during the 2016 campaign and earned card in the administration as a national security advisor before questioning his relationship with Russia forced him to resign.
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Prior to the hearing in December 2018, Mueller's team recommended that Flynn be saved prison time and cited his cooperation with the Special Council's probe on Russian activities in the election campaign in 2016.
Kians' lawyers say for themselves the case against their client is built largely on Flynn's information, and the case is weak, because Flynn cannot rely on telling the truth.
"The government has realized too late what should have been clear all the time – Flynn should not be believed," Kian's lawyers said.
Fox News & # 39; Bill Mears, Ronn Blitzer and The Associated Press contributed to this report.