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(CNN) – Federal Judge Anthony Trenga is considering throwing out the conspiracy and foreign lobbying charge that Michael Flynn’s ex-lobbying partner faces because the evidence prosecutors have presented at trial this week has been “very, very circumstantial.”
“Much of it’s very speculative,” Trenga, a federal judge in the Eastern District of Virginia, said Thursday.
Trenga is not expected to decide Thursday, and has indicated he will let the defense present its case.
The biggest hole in prosecutors’ presentation appears to have been the lack of testimony from Flynn, who initially had agreed to help prosecutors and then was dropped as a witness earlier this month. If Trenga were to toss the charges against Flynn’s partner Bijan Kian, it would be an enormous boon to Flynn, who had admitted under oath to illegally filing a false foreign lobbying form — also an issue in this case — but has not yet been sentenced for his crime of lying to FBI agents in a 2017 interview.
The prosecution finished presenting its case Thursday afternoon, after calling its 15th witness. Prosecutors and the defense team then made impassioned arguments over the judge stepping in before a jury could hear the defense’s case.