Case 1:18-cr-00457-AJT Document 68 Filed 03/12/19 Page 1 of 4 PageID# 433

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division
UNITED STATES OF AMERICA
v.
BIJAN RAFIEKIAN, et al.,
Defendants.

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No. 1:18-CR-457-AJT

GOVERNMENT’S MOTION TO CONTINUE HEARING ON
DEFENDANT’S MOTION TO COMPEL RECORDS
The United States respectfully requests a four-week continuance, to April 12, 2019, of the
hearing on defendant’s motion to compel production of certain FBI summaries of interviews
(302s) and other documents. The government also requests that it be permitted to file its
response to the defendant’s motion by April 5, 2019. The reasons for this motion are the
following:
1.

The defense filed its Motion To Compel Records on Friday, March 1, 2019. The

Court’s local rules allow the government fourteen days to respond to a motion. LOC. CRIM. R.
12. The hearing currently set for March 15 would not allow the government the time normally
allotted for a response to a motion.
2.

Further, there is no urgency to the defense motion. The government has already

permitted the defense to review a number of 302s, including several 302s of General Flynn. We
have offered upon reasonable conditions to give the defense an opportunity to review all of the
General’s 302s that were generated during its investigation of the crimes charged in the
indictment, as well as redacted versions of all of his 302s mentioning the defendants or the
Government of Turkey, regardless of whether they relate to this prosecution or to other

 Case 1:18-cr-00457-AJT Document 68 Filed 03/12/19 Page 2 of 4 PageID# 434

investigations by the Special Counsel’s Office. So far, despite two requests, the defense has not
provided a counterproposal to the conditions we have proposed.
3.

The 302s of General Flynn’s interviews relating entirely to matters other than the

pending charges against the defendant contain information concerning a number of sensitive
matters, including ongoing investigations. The government is attempting to coordinate within
the Department of Justice on a potential resolution that could moot much of the defendant’s
request. However, this coordination requires time because of the various interests involved.
4.

Moreover, without getting into the merits of the defendant’s motion, whatever

value the defense may glean from eliciting at trial allegedly inconsistent statements by General
Flynn – particularly on matters wholly unrelated to the charges at hand, it would not be
diminished by a four-week continuance of the hearing. There would still be more than three
months before trial, which would be ample time for the defense to make use of the information.
Indeed, the standard discovery order in this District provides for production of Jencks and Giglio
materials five days before trial.1

1

Nonetheless, the government provides Giglio information promptly upon discovery except in
the most extraordinary cases involving witness safety or similarly compelling reasons.
2

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For these reasons, the United States respectfully requests that the Court continue the
hearing on the defendant’s motion to compel until April 12, 2019, and permit the government to
file its response to the defendant’s motion by April 5, 2019.
Respectfully submitted,
G. ZACHARY TERWILLIGER
UNITED STATES ATTORNEY
/s/
Evan N. Turgeon
Trial Attorney
Counterintelligence
and Export Control Section
National Security Division
United States Department of Justice
950 Pennsylvania Ave., NW
Washington, DC 20530
(202) 353-0176
Evan.Turgeon@usdoj.gov

By:

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/s/
James P. Gillis
Virginia Bar No. 65055
John T. Gibbs
Virginia Bar No. 40380
Assistant United States Attorney
The Justin W. Williams
United States Attorney=s Office
2100 Jamieson Avenue
Alexandria, VA 22314
(703) 299-3700
(703) 299-3982 (fax)
James.P.Gillis@usdoj.gov
John.Gibbs@usdoj.gov

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CERTIFICATE OF SERVICE
I hereby certify that on March 12, 2019, I electronically filed the foregoing using the
CM/ECF system, which will send a notification of such filing to counsel of record.
Respectfully submitted,
/s/
James P. Gillis
Assistant United States Attorney

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