A federal judge raised repeated doubts about the validity of a criminal charge the former business partner of Michael Flynn is facing in connection with a public relations campaign he admitted was secretly mounted on behalf of the Turkish government
A federal judge raised repeated doubts Friday about the validity of a criminal charge the former business partner of Gen. Michael Flynn is facing in connection with a lobbying and public relations campaign Flynn has admitted was secretly mounted on behalf of the Turkish government.
Prosecutors say Kian is free to seek to defend himself by claiming the work was entirely legal, but Kian’s lawyers say making him prove that reverses the typical burden of proof where prosecutors must prove the case beyond a reasonable doubt. By signing up you agree to receive email newsletters or alerts from POLITICO. You can unsubscribe at any time.
“Taking pictures is lawful activity, but conducting surveillance for a foreign government” is not, the prosecutor said. He also suggested that the fact Flynn and Kian were paid shouldn’t excuse their actions. Kian’s defense pointed out he wasn’t charged with violating FARA, but instead with running afoul of another statute often referred to as 951, which prohibits being an unregistered agent on behalf of a foreign government.
A win for Kian’s defense on the issue would knock out one of the two charges against him, leaving only a single felony conspiracy charge against the Iranian-American businessman. That charge, too, could be reined in to focus solely on whether he conspired to make false statements to the Justice Department about the lobbying work.
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