Case 1:18-cr-00457-AJT Document 261 Filed 07/03/19 Page 1 of 3 PageID# 2663 1 IN THE UNITED STATES DISTRICT COURT FOR THE i f EASTERN DISTRICT OF VIRGINIA CLERK,us. DISirin AlEXAfvIDRIA. ViRGlMia Alexandria Division UNITED STATES OF AMERICA V. No. I;I8-CR-457-AJT BIJAN RAFIEKIAN, etal. UNDER SEAL Defendants. NOTICE OF CORRECTION TO THE RECORD At the June 13, 2019, hearing,the following colloquy took place between the Court and the attorney for the government: THE COURT: Let me ask you this. It's not in the indictment. Is the government alleging that Mr. Flynn was part of this conspiracy? MR. GILLIS: We are not, Your Honor. THE COURT: Right. So you're not presenting any statements by him, any testimony -there would be no evidence from him as to the existence of the conspiracy? MR. GILLIS: E ir Well, Your Honor - no. Your Honor, as to that. There will certainlyCObe testimony from General Flynn. And from that testimony, the jury could draw a reasonable inference that there was a conspiracy, but we are not- we do not contend that General Flynn was a part of that conspiracy. Tr. 65. The government must amend this representation. At trial, the government will ask the Court to find, based upon a preponderance ofthe evidence presented at trial, that Flynn was a co- Case Document 261 Filed 07/03/19 Page 2 of 3 Page D# 2664 conspirator in the conspiracy charged in the superseding indictment. The government will introduce out-of?court statements by pursuant to FED. R. EVID. The government does not plan to call as a witness in its case?in?chief. Respectfully submitted, G. ZACHARY TERWILLIGER TES ATTORNEY *3 By: 1f) 7?s/ Evan N. Turgeon James%\ -Trial Attorney No. 6505 Counterintelligence a John T. Gib and Export Control Section Bar . 40380 National Security Division As 'stant United States Attorneys United States Department of Justice The us 1 . illiams 950 Ave, NW United States Attorney?s Of?ce Washington, DC 20530 2100 amieson Avenue (202) 353?0176 Alexandria, VA 22314 Evan.Turgeon@usdoi.gov (703) 299-3700 (703) 299-3982 (fax) .la1nes.P.Gillis@usdoi.gov ohn.Gibbs@usdoi . gov Case Document 261 Filed 07/03/19 Page 3 of 3 Page D# 2665 CERTIFICATE OF SERVICE I hereby certify that on July 3, 2019, I sent the foregoing by email to counsel for the defendant and to counsel for Michael T. . umitted, . ?V?f I) ?3 James . Gillis 'ted States Attorney . eff-- --