"the government will not be calling Michael T. Flynn as a witness in its case-in-chief," reads an unsealed July 3 order from US District Judge Anthony Trenga in the Eastern District of Virginia.

Flynn's attorney, Sidney Powell, took umbrage at the government's label of "co-conspirator," telling The Hill: "General Flynn followed the law and hired the FARA experts. The government is seeking to admit one document as 'coconspirator hearsay' even though it is otherwise admissible," adding "Judge Trenga hasn't ruled on anything yet but unsealing. General Flynn is still cooperating with the government even if they don't call him as a witness."

Powell provided The Hill with a 113-page memo opposing the designation, which reads in part: "While Mr. Flynn does not dispute the government's right to decide how to present its case and which witnesses to call, the government's sudden decision to reverse its long-stated position that Mr. Flynn is its cooperating witness, and to turn him into an unindicted coconspirator, is extremely prejudicial to Mr. Flynn."