Interesting - the prosecutors made a court filing in June saying that Flynn was not a co-conspirator in the Rafiekian case, then later tried to “correct” their filing by saying he was.
I would assume these filings are made under penalty of perjury.
The judge can merely ask the prosecutors, then, which filing was a lie.
At that point I’d suppose the judge can refer the prosecutor for a perjury complaint.
Which in this case would be fitting.
From what I’ve read, it seems like the prosecutors weren’t going to consider Flynn a co-conspirator at first because that was part of his plea deal. They changed their mind when his new lawyers started raising objections to his cooperation with the prosecution in the case against his business partners.