"You don't really care about Mr. Manafort's bank fraud," [Judge T.S. Ellis III] said to prosecutor Michael Dreeben, at times losing his temper. Ellis said prosecutors were interested in Manafort because of his potential to provide material that would lead to Trump's "prosecution or impeachment." "That's what you're really interested in."
Ellis repeated his suspicion several times in the hour-long court hearing. He said he'll make a decision at a later date about whether Manafort's case can go forward.
"We don't want anyone in this country with unfettered power. It's unlikely you're going to persuade me the special prosecutor has power to do anything he or she wants."
When Dreeben answered Ellis' question about how the investigation and its charges date back to before the Trump campaign formed, the judge shot back, "None of that information has to do with information related to Russian government coordination and the campaign of Donald Trump."
At one point, Ellis posed a hypothetical question, speaking as if he were the prosecutor, about why Mueller's office referred a criminal investigation about Trump's personal attorney Michael Cohen to New York authorities and kept the Manafort case in Virginia. They weren't interested in it because it didn't "further our core effort to get Trump," Ellis said, mimicking a prosecutor in the case.
https://www.cnn.com/2018/05/04/politics/paul-manafort-hearing/index.html
The judge appeared receptive, at least in part, to Manafort's lawyer's argument that because the counts are not directly related to the Russia investigation, they should be dismissed.
"I don't see what relation this indictment has with what the special counsel is authorized to investigate," Ellis told prosecutors. "You don't really care about Mr. Manafort's bank fraud ... What you really care about is what information Mr. Manafort could give you that would reflect on Mr. Trump or lead to his prosecution or impeachment."
Ellis later quipped: "The vernacular is 'to sing.'"
Ellis...characteriz[ed] the special counsel's office's argument as: "We said this was what the investigation was about, but we are not bound by it, and we were lying."
"Come on, man!" Ellis said.
Legal experts questioned the judge's comments.
Asha Rangappa, a former FBI special agent, characterized Ellis' remarks about prosecutors aiming to get Manafort to flip as "bizarre commentary."
"Unless there is something legally amiss in the indictment, speculating re motives of the [special counsel] is beyond the judge's purview (and also seems to suggest that there is a connection [between] Manafort's criminal bank fraud and Trump," she tweeted.
Renato Mariotti, a former federal prosecutor, echoed that view.
"Whether the special counsel wants Manafort to flip is not relevant to the question of whether this indictment is within the scope of his jurisdiction," he wrote. "If the judge considers Mueller's motivation in bringing the indictment and dismisses it, that's reversible error."
He added: "Even if the judge ultimately does not take his view of Mueller's motivations into account in his ruling, he politicized the proceeding with comments that were unnecessary and created an appearance that he has a political agenda."
http://www.businessinsider.com/judge-ts-ellis-mueller-manafort-flip-trump-russia-2018-5
When Michael Dreeben from the special counsel’s office said the allegations in the Virginia case were covered by the scope of the initial appointment of Mr. Mueller, Judge Ellis retorted, “The scope covers bank fraud from 2005?”
“How does this have anything to do with the campaign?” Judge Ellis asked. After Mr. Dreeben said Mr. Manafort had been in touch with Russia-affiliated people in Ukraine, the judge admonished the prosecutor, saying “You’re running away from my question.”
In court papers, Mr. Mueller’s lawyers have said they have authorization to investigate Mr. Manafort, citing among other things an August memo from Deputy Attorney General Rod Rosenstein laying out avenues of inquiry. Mr. Mueller’s office said the probe “would naturally cover ties that a former Trump campaign manager had to Russian-associated political operatives, Russian-backed politicians, and Russian oligarchs.”
...
[Judge Ellis] ordered Mr. Mueller‘s office to provide an unredacted copy of the August memo under seal in two weeks. “I’ll be the judge,” he said.
Still, it appeared unlikely Judge Ellis would dismiss the indictment based on Mr. Manafort’s claims, a move that would likely result in another set of federal prosecutors filing similar charges.
...
When Mr. Manafort’s lawyer, Kevin Downing, tried to make the case that Mr. Rosenstein had erred in setting up the special counsel’s office, Judge Ellis interrupted him: “Let me ask you—so what?”
https://www.wsj.com/articles/judge-questions-muellers-authority-to-prosecute-manafort-1525456340
Ellis repeated his suspicion several times in the hour-long court hearing. He said he'll make a decision at a later date about whether Manafort's case can go forward.
"We don't want anyone in this country with unfettered power. It's unlikely you're going to persuade me the special prosecutor has power to do anything he or she wants."
When Dreeben answered Ellis' question about how the investigation and its charges date back to before the Trump campaign formed, the judge shot back, "None of that information has to do with information related to Russian government coordination and the campaign of Donald Trump."
At one point, Ellis posed a hypothetical question, speaking as if he were the prosecutor, about why Mueller's office referred a criminal investigation about Trump's personal attorney Michael Cohen to New York authorities and kept the Manafort case in Virginia. They weren't interested in it because it didn't "further our core effort to get Trump," Ellis said, mimicking a prosecutor in the case.
https://www.cnn.com/2018/05/04/politics/paul-manafort-hearing/index.html
The judge appeared receptive, at least in part, to Manafort's lawyer's argument that because the counts are not directly related to the Russia investigation, they should be dismissed.
"I don't see what relation this indictment has with what the special counsel is authorized to investigate," Ellis told prosecutors. "You don't really care about Mr. Manafort's bank fraud ... What you really care about is what information Mr. Manafort could give you that would reflect on Mr. Trump or lead to his prosecution or impeachment."
Ellis later quipped: "The vernacular is 'to sing.'"
Ellis...characteriz[ed] the special counsel's office's argument as: "We said this was what the investigation was about, but we are not bound by it, and we were lying."
"Come on, man!" Ellis said.
Legal experts questioned the judge's comments.
Asha Rangappa, a former FBI special agent, characterized Ellis' remarks about prosecutors aiming to get Manafort to flip as "bizarre commentary."
"Unless there is something legally amiss in the indictment, speculating re motives of the [special counsel] is beyond the judge's purview (and also seems to suggest that there is a connection [between] Manafort's criminal bank fraud and Trump," she tweeted.
Renato Mariotti, a former federal prosecutor, echoed that view.
"Whether the special counsel wants Manafort to flip is not relevant to the question of whether this indictment is within the scope of his jurisdiction," he wrote. "If the judge considers Mueller's motivation in bringing the indictment and dismisses it, that's reversible error."
He added: "Even if the judge ultimately does not take his view of Mueller's motivations into account in his ruling, he politicized the proceeding with comments that were unnecessary and created an appearance that he has a political agenda."
http://www.businessinsider.com/judge-ts-ellis-mueller-manafort-flip-trump-russia-2018-5
When Michael Dreeben from the special counsel’s office said the allegations in the Virginia case were covered by the scope of the initial appointment of Mr. Mueller, Judge Ellis retorted, “The scope covers bank fraud from 2005?”
“How does this have anything to do with the campaign?” Judge Ellis asked. After Mr. Dreeben said Mr. Manafort had been in touch with Russia-affiliated people in Ukraine, the judge admonished the prosecutor, saying “You’re running away from my question.”
In court papers, Mr. Mueller’s lawyers have said they have authorization to investigate Mr. Manafort, citing among other things an August memo from Deputy Attorney General Rod Rosenstein laying out avenues of inquiry. Mr. Mueller’s office said the probe “would naturally cover ties that a former Trump campaign manager had to Russian-associated political operatives, Russian-backed politicians, and Russian oligarchs.”
...
[Judge Ellis] ordered Mr. Mueller‘s office to provide an unredacted copy of the August memo under seal in two weeks. “I’ll be the judge,” he said.
Still, it appeared unlikely Judge Ellis would dismiss the indictment based on Mr. Manafort’s claims, a move that would likely result in another set of federal prosecutors filing similar charges.
...
When Mr. Manafort’s lawyer, Kevin Downing, tried to make the case that Mr. Rosenstein had erred in setting up the special counsel’s office, Judge Ellis interrupted him: “Let me ask you—so what?”
https://www.wsj.com/articles/judge-questions-muellers-authority-to-prosecute-manafort-1525456340
