Case 1:17-cr-00232-EGS Document 97 Filed 07/10/19 Page 1 of 2

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA
v.

Crim. No. 17-232 (EGS)

MICHAEL T. FLYNN,
Defendant

RESPONSE TO JULY 9, 2019 ORDER OF THE COURT
The United States of America, by and through the U.S. Attorney for the
District of Columbia, files this response to the Court’s July 9, 2019 Minute Order
directing the government to explain how recently unsealed records in United States
v. Bijan Rafiekian, Criminal Action No. 18-457 (E.D. Va.) “will impact the
proceedings before this Court.” At this time the government cannot speculate on
how specifically the aforementioned records will impact the government’s
sentencing position in the proceedings before this Court. Although the records raise
numerous issues, the Rafiekian trial may still impact the government’s position.
For example, Rafiekian could call the defendant to testify at trial. As a result, the
government intends to reassess its sentencing position at the conclusion of that
trial.
Additionally, the government previously had not opposed the defendant’s
request to delay scheduling a sentencing hearing in this matter. The basis for the
government’s position had been that on December 18, 2018, the defendant
requested a continuance “to allow him to complete [his] cooperation” in the

 Case 1:17-cr-00232-EGS Document 97 Filed 07/10/19 Page 2 of 2

Rafiekian case. See Dec. 18, 2018 Sentencing Hearing Transcript, at 30-31, 46-50.
Although the government will no longer call the defendant as a witness in that case,
because the defendant could be called to testify by Rafiekian, the government still
believes that the sentencing hearing should be scheduled to follow the completion of
that trial.

Respectfully submitted,
JESSIE K. LIU
U.S. Attorney for the District of Columbia
By: /s/
Brandon L. Van Grack
Special Assistant U.S. Attorney
Deborah Curtis
Jocelyn Ballantine
Assistant United States Attorneys
555 4th Street NW
Washington, D.C. 20530

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