Case 1:17-cr-00232-EGS Document 166 Filed 02/09/20 Page 1 of 3 UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA UNITED STATES OF AMERICA Plaintiff, v. Criminal Action No. 17-232-EGS MICHAEL T. FLYNN, Defendant. MR. FLYNN’S RESPONSE AND NOTICE OF CONSENT TO THE GOVERNMENT’S MOTION TO STAY THE SCHEDULE This morning, Sunday, February 9, 2020, the government filed two motions with this Court: First, a Motion to Amend Briefing Schedule, ECF No. 165; and, Second, a Motion for an Order Confirming Waiver of Attorney Client Privilege, ECF No. 164 (“Motion to Confirm Waiver”). Both the relief requested and the reasons underlying the government’s Motion to Amend have changed since it conferred with the defense earlier last week. Given the government’s Motion to Confirm Waiver, which raises issues the government did not mention previously, Michael T. Flynn (“Mr. Flynn”) does not oppose the Court granting a stay of the briefing schedule with a status report due from the parties by February 20, 2020. However, it is imperative that Mr. Flynn have time to brief the issues raised by the government’s new motion regarding the attorneyclient privilege. Pursuant to D.C. Local Criminal Rule 47, and because of the importance and complexity of the issues surrounding the attorney-client privilege, Mr. Flynn advises the Court and the government that he will file a response to the government’s Motion to Confirm Waiver within the fourteen (14) days afforded him under this Court’s rules. LCrR47(b). Furthermore, Mr. Flynn may 1 Case 1:17-cr-00232-EGS Document 166 Filed 02/09/20 Page 2 of 3 also request a meaningful opportunity to meet and confer with the government on the issues it has raised in its Motion regarding the Waiver of the Attorney-Client Privilege as it may be possible to resolve it by agreement. It will be February 17 or 18 before counsel for Mr. Flynn could arrange to attend such a meeting. For these reasons, Mr. Flynn agrees and requests that the schedule be abated or stayed until further briefing by the parties and order of this Court. Dated: February 9, 2020 Respectfully submitted, W. William Hodes The William Hodes Law Firm 3658 Conservation Trail The Villages, Florida 32162 Tel: (352) 399-0531 Fax: (352) 240-3489 Admitted Pro Hac Vice /s/ Sidney Powell Sidney Powell Molly McCann Sidney Powell, P.C. 2911 Turtle Creek Blvd., Suite 300 Dallas, Texas 75219 Tel: 214-707-1775 sidney@federalappeals.com Admitted Pro Hac Vice molly@federalappeals.com Admitted Pro Hac Vice /s/ Jesse R. Binnall Jesse R. Binnall Lindsay R. McKasson Harvey & Binnall, PLLC 717 King Street, Suite 300 Alexandria, VA 22314 Tel: (703) 888-1943 Fax: (703) 888-1930 jbinnall@harveybinnall.com lmckasson@harveybinnall.com Admitted Pro Hac Vice 2 Case 1:17-cr-00232-EGS Document 166 Filed 02/09/20 Page 3 of 3 CERTIFICATE OF SERVICE I hereby certify that on February 9, 2020, a true and genuine copy of Mr. Flynn’s Response to and Agreement with the Government’s Motion to Stay was served by CM/ECF system to all counsel of record, including: Timothy Shea, U.S. Attorney for the District of Columbia Jocelyn Ballantine, Assistant U.S. Attorney 555 4th Street, NW Washington, D.C. 20530 Respectfully submitted, /s/ Jesse R. Binnall Jesse R. Binnall, VSB# 79272 HARVEY & BINNALL, PLLC 717 King Street, Suite 300 Alexandria, VA 22314 Tel: (703) 888-1943 Fax: (703) 888-1930 jbinnall@harveybinnall.com 3