MURDER, POLITICS, AND THE END OF THE JAZZ AGE
by Michael Wolraich
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MURDER, POLITICS, AND THE END OF THE JAZZ AGE by Michael Wolraich Order today at Barnes & Noble / Amazon / Books-A-Million / Bookshop |
By Katie Bo Williams @ TheHill.com, May 4
A federal judge in Virginia on Friday expressed deep skepticism that charges against former Trump campaign chairman Paul Manafort are genuinely related to special counsel Robert Mueller’s investigation into alleged collusion with Russia, according to multiple reports.
During a morning hearing, U.S. District Court Judge T.S. Ellis III at times lost his temper as he repeatedly pressed a lawyer from Mueller’s team on whether the indictment against Manafort was intended solely as leverage against President Trump, according to CNN.
“You don’t really care about Mr. Manafort’s bank fraud,” Ellis, who was appointed by former President Reagan, told prosecutor Michael Dreeben. “You really care about getting information Mr. Manafort can give you that would reflect on Mr. Trump and lead to his prosecution or impeachment. That's what you're really interested in.” [....]
Comments
U.S. judge questions special counsel's powers in Manafort case
By Sarah N. Lynch @ Reuters.com, May 4
by artappraiser on Fri, 05/04/2018 - 4:26pm
by PeraclesPlease on Sat, 05/05/2018 - 8:08am
by PeraclesPlease on Sat, 05/05/2018 - 8:10am
Judge's bark is worse than bite, or Mueller and SDNY seem to be doing the right thing.
https://www.emptywheel.net/2018/05/06/on-the-ts-ellis-show-and-the-lies-...
by PeraclesPlease on Sun, 05/06/2018 - 2:04pm
The decision by Judge Ellis on this motion is important.
If he decides to allow the trial to go forward on the basis of the indictment as long as it meets the criteria he has asked for, then he just greased the wheels for the next wave of Mueller indictments.
If he throws the case out on the grounds of jurisdiction, the charges won't go away. What is admissible as evidence is still a question. The only certain result is that the trial will happen much later. This result would slow other cases down.
What will the decision be? Watching the courts do stuff is harder than waiting for paint to dry.
by moat on Mon, 05/07/2018 - 6:55pm
Dershowitz goes on and on about this in an op-ed for The Hill today, and to my surprise, some of what he says in it is actually interesting, in particular as the judge's question relates to civil liberties. Only ended up looking at it because it was currently the #1 most popular article there.
by artappraiser on Mon, 05/07/2018 - 7:19pm
The emptywheel article PP linked to quotes the prosecutors arguing that the judge was conflating the scope permitted by an "independent counsel" to those permitted by a "special counsel" (who is closely supervised by the DOJ). Dershowitz is drawing the audience's attention away from that distinction.
If Ellis elects to rule against the prosecution and not address that distinction, that would bring politics into what Dershowitz keeps saying it does not belong. Dershowitz would be proven to be a complete tool of the administration.
by moat on Mon, 05/07/2018 - 7:42pm
for the umpteenth time, appreciate your input!
by artappraiser on Mon, 05/07/2018 - 7:51pm
There's no way Ellis can't address the distinction - there has been no such thing as an "independent council" since 1999. He may have had a brain fart with his initial flub to separate the special counsel from the government, but he's no doubt perfectly aware of the difference.
by barefooted on Mon, 05/07/2018 - 8:21pm
Yes. To act like he doesn't know would be politics above law.
by moat on Mon, 05/07/2018 - 8:23pm
It's simpler than that - it would be judicial malpractice and give the government all kinds of ammunition.
by barefooted on Mon, 05/07/2018 - 8:38pm
Agreed. But it would take time for that to play out. Time seems to be the horse everyone is betting for or against.
After seeing so many people burn their reputations in this fire, I don't know what will happen next.
by moat on Mon, 05/07/2018 - 8:44pm
Doing something that obviously stupid would also ultimately mean ruining his career - I don't see that happening.
The time argument is shaping up around the midterms, and I see no way to avoid the whole mess going long beyond that. It's also likely to be an intermission before the second act, with the lobby conversation being largely about D's and R's and who's large and in charge.
by barefooted on Mon, 05/07/2018 - 9:24pm
I think Ellis will go with the prosecution's argument and that his objections presented so far end up strengthening future cases against the Trump campaign because they help narrow the application of law.
by moat on Mon, 05/07/2018 - 10:03pm
Hey Moat, what's up with you & oligopolies anyway?
by PeraclesPlease on Tue, 05/08/2018 - 6:28am
I like the idea that a ditch filled with water is a "technology."
If people start loading the ditch with candy, they should be mindful of the alligators who love to dash out and eat mammals who get too close.
Just saying....
by moat on Tue, 05/08/2018 - 5:51pm
Like the Musk ox?
by PeraclesPlease on Tue, 05/08/2018 - 6:15pm
Not sure how it may or may not fit in, but Mueller's request for 70 additional (above an original 35) blank subpoenas in the Manafort case might be instructive.
by barefooted on Mon, 05/07/2018 - 8:08pm
I think that element fits in. I read that number of subpoena requests as Mueller assuming Ellis does not move against the prosecution and it is full steam ahead on the next indictments.
by moat on Mon, 05/07/2018 - 8:21pm
It's also interesting that it's an additional 70 - makes me wonder what transpired to make the original 35 seem insufficient.
by barefooted on Mon, 05/07/2018 - 8:35pm
Will Ellis rule in opposition to fellow DC federal judge Amy Berman Jackson? She has denied Manafort's claim that Mueller's investigation has been too broad, and that "his investigation had overstepped its legal authority" in bringing charges against him.
Ellis has yet to issue a ruling.
by barefooted on Tue, 05/15/2018 - 7:50pm
BMaz roughly summarizes the same, I.e. ain't gonna happen.
https://www.emptywheel.net/2018/05/16/re-the-bogus-manafort-challenge-to...
by PeraclesPlease on Wed, 05/16/2018 - 3:57pm
The hearing of motions before Ellis is still underway. Weissmann filed a response on a list of the Manafort teams' requests on 5/14. Included in the filing is a response to the matter of unredacted materials under seal:
On May 4th, Ellis gave the prosecutors two weeks to produce more information regarding the instructions given by Rosenstein to the Special Prosecutor. So that is coming due tomorrow.
Now that Ellis can see behind the curtain, maybe he will make a ruling next week.
by moat on Thu, 05/17/2018 - 10:49am
This just in: Mueller team gives judge unredacted memo
by moat on Thu, 05/17/2018 - 1:20pm
Judge Ellis has postponed until June 8 in order to deal with his new homework.
by artappraiser on Fri, 05/18/2018 - 8:50pm
Damn it.
Or maybe this is good.
by moat on Fri, 05/18/2018 - 9:18pm
Latest word from Judge Ellis: Trial date has been moved forward 14 days "Owing to a family member's medical procedure."
by moat on Fri, 05/25/2018 - 8:49pm
Ellis schedules Manafort trial - tempest in teapot over.
https://www.cnn.com/2018/05/25/politics/paul-manafort-trial-date-pushed-...
by PeraclesPlease on Sat, 05/26/2018 - 3:07am
I am not sure the tempest is over. The official start of the trial is one thing. Ellis has still not ruled on the jurisdiction question. Could he not kick the can further down the road?
by moat on Sat, 05/26/2018 - 2:03pm
Manafort was first indicted in October, 7 months ago, with a whole new array of charges in January - he's facing trial in 2 jurisdictions. Ellis is known complainer, but that doesn't mean he sticks to his complaints. Just 2 months ago he was noting Manafort was likely to spend the rest of his life in jail. Don't panic. It's all going swimmingly.
https://eu.usatoday.com/story/news/politics/2018/03/13/judge-trump-campa...
by PeraclesPlease on Sat, 05/26/2018 - 3:17pm
I agree with the arguments that these questions of venue and evidence don't alter the ultimate legal peril Manafort faces.
The delays in the process are disconcerting.
by moat on Sat, 05/26/2018 - 4:02pm
It took 7 months for OJ indictment to trial starting, and arguably much less complex.
by PeraclesPlease on Sat, 05/26/2018 - 4:07pm
I take your point about the typical pace of judicial processes. It is this other process in play, trying to eat it before it grows up, that makes me nervous.
I would employ a metaphor but I just got a T.O.S warning that I have nearly bagged my metaphor limit for the entire year and it is not even June yet.
by moat on Sat, 05/26/2018 - 4:20pm
Hmmm. Not sure using OJ as a calming example is necessarily helpful.
by barefooted on Sat, 05/26/2018 - 5:52pm
Judge Ellis decides to let Manafort trial go forward in Virginia.
by moat on Tue, 06/26/2018 - 5:15pm
thanks for keeping up with this!
(Also personal thanks for a most eloquent comment you wrote about 24 hrs. ago on another thread. I imagine you put a lot of thought in it and I want you to know it was most appreciated. No need to reply.)
by artappraiser on Tue, 06/26/2018 - 5:29pm
Manafort Trial to Go Forward, but With a Warning for Mueller
By SHARON LaFRANIERE @ NYTimes.com, 7:23 PM ET
The judge, who had challenged whether prosecutors had exceeded their authority, decided that they had not. But he also expressed concern that a position like Robert S. Mueller III’s not be “deployed as a political weapon.”
by artappraiser on Tue, 06/26/2018 - 10:13pm
Mueller reveals closer Manafort ties to Russian oligarch
Paul Manafort and his wife received a $10 million loan from Oleg Deripaska, a Russian oligarch with ties to Vladimir Putin.
By JOSH MEYER @ Politico.com, 06/27/2018 10:17 PM EDT
by artappraiser on Thu, 06/28/2018 - 8:27pm