A federal grand jury has subpoenaed a former lawyer for a man who claims Nevada Gov. Jim Gibbons took bribes while in Congress to steer contracts to a friend with a military software business, the lawyer said Thursday.
But Michael Flynn, former attorney for Dennis Montgomery, said
Montgomery's new lawyers were trying to block his appearance before
the grand jury in Washington, D.C.
"I'm due Friday, but they're asserting the attorney client privilege on behalf of Montgomery because I'm his former lawyer," Flynn told The Associated Press, adding that he would be a "willing cooperative witness" before the grand jury.
Montgomery's new attorney, Deborah Klar, was not available for comment early Thursday.
The grand jury is reported to be examining whether Gibbons accepted cash and other bribes while serving in Congress in return for steering military contracts to a Reno-based defense contractor, eTreppid Technologies.
The panel has previously requested documents from people involved in the case, according to the Las Vegas Review-Journal, which reported Flynn's subpoena on Thursday.
Flynn, of Rancho Santa Fe, Calif., represented Montgomery in a copyright case against Reno businessman Warren Trepp in federal
court in Reno.
Flynn asked to be released from the case in July, saying he wasn't paid.
He has also raised doubts about Montgomery's truthfulness.
Montgomery and Trepp, Gibbons' friend, are locked in a federal civil lawsuit over a computer program used by the military.
Montgomery claims he was cheated out of funds by eTreppid, while eTreppid accuses Montgomery of stealing the source code for the valuable technology.
In court filings and in the media, Montgomery has accused Gibbons, who served on the House Intelligence and Armed Services committee while in Congress, of using his influence to steer millions of dollars in contracts to Trepp.
In a Los Angeles Superior Court lawsuit stemming from his break with Montgomery, Flynn has accused Montgomery of lying in previous testimony related to the eTreppid copyright case.
"Montgomery has told me so many different lies about so many things, it is virtually impossible to determine the 'true facts,' let alone what parts of his statements are outright false, partially false, misleading or have grains of truth," Flynn said in court documents.
Washington-based Assistant U.S. Attorney Rich Pilger, of the Justice Department's public integrity section, declined comment to the Review-Journal on the grand jury proceedings, which are conducted in secret.
Pilger's name is on Flynn's Oct. 19 subpoena as the attorney handling the case.
A spokeswoman for Gibbons and a lawyer for Trepp said neither man had been summoned to testify before the grand jury.
"It is my belief that the case is focused less on Warren Trepp and Gov. Gibbons and more on the falsehoods and false accusations of Dennis Montgomery against my client," said Stephen Peek, Trepp's attorney.