Smacked down.
Via Daily Caller:
A federal judge in Virginia on Tuesday struck down prosecutors’ efforts to characterize Michael Flynn as a co-conspirator with his former lobbying partner, who faces trial on charges that he secretly lobbied for the Turkish government.
Judge Anthony Trenga said in a court filing that federal prosecutors failed to provide enough evidence to show that Flynn acted as a co-conspirator with Bijan Rafiekian, a former executive at Flynn’s consulting company, Flynn Intel Group.
“The United States at this point has not presented or proffered evidence sufficient to establish by a preponderance of the evidence a conspiracy for the purposes of admitting against the Defendant the hearsay statements of alleged co-conspirators pursuant to Fed. R. Evid. 801(d)(2)(E),” Trenga wrote, citing the federal rule regarding the introduction of evidence at criminal trials.