The U.S. government no longer wants Michael Flynn to testify against his ex-business partner, a move Flynn’s lawyers Thursday argued should not have an impact on his sentencing, Talking Point Memo reports.

“Regardless of who might call Mr. Flynn as a witness, his testimony remains consistent with his grand jury testimony — which the government used to obtain the [Bijan] Rafiekian indictment,” his attorneys wrote in a court filing to the federal judge overseeing Flynn’s sentencing. “Furthermore, the government has already acknowledged Mr. Flynn’s substantial assistance.”

Flynn’s cooperation deal with prosecutors seemed to be falling apart earlier this week when they said they no longer trusted President Donald Trump’s former national security adviser to testify against Bijan Kian – though for months said Flynn would be their star cooperating witness.

Kian, who is also known as Bijan Rafiekian, has been indicted for failing to register as a foreign agent for the Turkish government.

Flynn has still not been sentenced for lying to investigators, a guilty plea he made in the Mueller investigation in 2017 before D.C. District Court.

Prosecutors had said previously that Flynn’s recommended sentence in D.C. would depend partly on whether he testifies in the Kian case.

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