A federal judge in Virginia on Friday accused the office of special counsel Robert S. Mueller III of pursuing a fraud case against President Trump’s former campaign manager to pressure him to “sing” and provide evidence against the president.
The comments from Judge T.S. Ellis III came during a hearing in Alexandria federal court, where attorneys for Paul Manafort argued that bank- and tax-fraud charges against him are outside the scope of the special counsel’s authority.
“You don’t really care about Mr. Manafort’s bank fraud,” Ellis told prosecutors at the morning hearing. “You really care about getting information Mr. Manafort can give you that would reflect on Mr. Trump and lead to his prosecution or impeachment.”
Ellis said the government wanted Manafort, “the vernacular is, to sing.” The judge put it another way, saying the special counsel set out to “turn the screws and get the information you really want.”
Manafort, 69, is accused in federal court in both Alexandria and the District of Columbia of crimes related to his work for a pro-Russian political party in Ukraine. Manafort served as Trump’s campaign chief for five months before resigning amid news reports that he had received secret cash payments for his Ukraine consulting.
Paul Manafort, former Trump campaign chairman, leaves the federal courthouse in Washington in November. (Jacquelyn Martin/AP)
Michael Dreeben, a prosecutor with the special counsel’s office, did not respond specifically to the judge’s assertions. But he said the investigation fit naturally into a probe of Trump campaign ties to Russia: “In trying to understand the actions of Mr. Manafort in Ukraine and the association he had with Russian individuals and the depths of those financial relationships, we had to follow the money where it led.”
Manafort’s attorneys contend that their client’s alleged crimes in Virginia have nothing to do with the election or with Trump.
Ellis agreed, emphasizing that some of the charges involve purported conduct that occurred over a decade ago. But he made no immediate decision on the defense motion to dismiss. The judge said that even without such a connection, the special counsel, which is investigating Russian interference in the 2016 election, may well still have the authority to bring the charges.
“I’m not saying it’s illegitimate,” Ellis said.
But the judge did question why an investigation into Trump attorney Michael Cohen was handed over to federal prosecutors in New York while the Manafort case was kept with the special counsel.
Ellis suggested that if he ruled in Manafort’s favor, the case could simply be returned to the U.S. attorney’s office for the Eastern District of Virginia.
It is precisely because the probe into Manafort’s financial dealings began years ago with federal prosecutors in that office, Manafort’s defense attorneys argued, that the special counsel should not be involved.
“This doesn’t make any sense,” defense attorney Kevin Downing said in court. “It’s so unrelated,” he said, “as to be in violation” of the special counsel’s mandate.
Dreeben responded in court that the Manafort investigation has expanded significantly since it was taken over by Mueller. “Our investigation has considerably advanced and deepened our understanding” of Manafort’s actions, he said.
The reason the specific parameters of the special counsel’s investigation have not been publicly revealed, Dreeben said, is that to do so would jeopardize ongoing probes and sensitive national security information.
“It would make no sense for the facts to be conveyed publicly,” he argued. Instead, he said, the scope has been defined in “ongoing discussions” with Deputy Attorney General Rod J. Rosenstein, who oversees the investigation.
Dreeben also referred to an August memorandum from Rosenstein authorizing Mueller to investigate whether Manafort illegally coordinated with Russia in 2016.
Ellis asked for an unredacted version of that memo. Dreeben told the judge that all sections of the memo related to Manafort have been publicly revealed. Significant sections remain classified.
Downing said he would also like a copy of any written records justifying Mueller’s appointment as special counsel. Downing noted he had worked under the deputy attorney general for five years and knows that “Mr. Rosenstein is a stickler for memos being written.”
Manafort has argued that Rosenstein improperly gave Mueller a “blank check” to investigate the Trump campaign.
Ellis appeared somewhat sympathetic to this argument as well, comparing Mueller to independent counsels criticized in the past for overreach.
“The American people feel pretty strongly about no one having unfettered power,” he said.
Dreeben countered that the special counsel is part of the Justice Department and thus subject to oversight that addresses such concerns. The tax division and national security division signed off on the Manafort indictment, he said.
“We are not operating with unfettered power,” he said. “We are not separate from the Justice Department.”
Ellis is known to be tough on attorneys in court, but those who have appeared before him often say that pressure offers little insight into his ultimate ruling.
“Judge Ellis has high expectations from counsel on both sides of any issue,” said Timothy Belevetz, a former prosecutor in the Eastern District now with the firm Holland Knight. “His interactions with counsel in the courtroom do not necessarily reflect where he’ll end up coming out, because he’s a thoughtful judge who takes into account and carefully analyzes what’s presented to him. But in the meantime, he probes counsel and does so thoroughly.”
Manafort has made similar arguments in D.C. federal court, where he faces charges of money laundering, making false statements, failing to follow lobbying disclosure laws and working as an unregistered foreign agent. He is set to go to trial there Sept. 17.
Earlier this week, Manafort’s attorneys accused government officials of falsely telling reporters that conversations between their client and Russian officials were intercepted.
Mueller’s attorneys have no evidence of any such conversations to turn over, the defense said.
Manafort also is arguing that one of the charges against him, failing to register as a foreign agent in 2011, is too old to be prosecuted and that the searches of his home and storage unit were unconstitutional.
Manafort’s attorneys requested that the judge address the motion alleging leaks and other issues at a hearing set for May 25.
Mueller has requested 70 blank subpoenas in preparation for Manafort’s July 10 Virginia trial. He also has added an attorney from the office of the U.S. attorney for the Eastern District of Virginia to his legal team for the case: Uzo Asonye, who in 2016 prosecuted Norfolk Treasurer Anthony Burfoot for corruption.
Ellis expressed satisfaction with Asonye’s involvement, having pushed Mueller at an earlier hearing to add local counsel to his team.
The judge noted with pleasure that the fraud prosecutor has appeared before him several times.
“He may tell you some interesting things,” Ellis said.
Read more:
Federal prisons abruptly cancel policy that made it harder, costlier for inmates to get books
‘Please, God, let this child be alive’: Officer discovers girl alone in car on hot day
Police in D.C., New York revise shooting policies in response to vehicle ramming attacks