Former National Security Adviser Michael Flynn will not testify at the upcoming trial of his former business partner, according to a court order issued Tuesday.
The surprise move comes after prosecutors had reportedly pledged that Flynn would testify against ex-associate Bijan Kian as part of his cooperation agreement with special counsel Robert Mueller.
Prosecutors now say they will use Flynn’s out-of-court statements and have listed him as a co-conspirator in the case, according to the Tuesday court order.
The order from a U.S. District judge in the Eastern District of Virginia cites a filing made under seal last week by federal prosecutors. The filing says, “the government will not be calling Michael T. Flynn as a witness in its case-in-chief.”
Flynn also filed an opposition under seal to the co-conspirator designation, according to the order.
In December, Flynn asked a federal judge to delay his sentence so he could continue to cooperate at Mr. Kian’s trial. Mr. Kian was charged with acting as an unregistered foreign agent on behalf of the Turkish government while a partner in Flynn’s lobbying firm.
The trial is scheduled to begin on July 15.
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