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Brandi Buchman @BBuchman_CNS
, 9 tweets, 2 min read Read on Twitter
#ManafortTrial Update. THREAD -
We are getting off to a slow start this morning following a lengthy bench conference with all parties.
At the close of the government’s direct examination Thursday, Judge Ellis made a comment that the government “might want to spend time on a loan that was granted.”
This, according to a curative instruction for the jury filed by the special counsel’s team Friday morning, “misrepresents the law regarding bank fraud conspiracy, improperly conveys the court’s opinion of the facts and it is likely to confuse and mislead the jury.”
The comment came Thursday when prosecutors were questioning Taryn Rodriguez, a loan officer assistant at Citizens Bank, regarding allegedly false representations Manafort made in a loan application.
“Ms. Rodriguez’s testimony related to a loan that Manafort applied for but did not get,” the motion states.
Ultimately, the government is not required to prove that alleged members of a conspiracy – of which Manafort is one, according to the indictment – are successful in achieving any or all parts of a conspiracy.
“Thus, in questioning Ms. Rodriguez regarding the conduct underlying the bank fraud conspiracy charged in [count 28 of the indictment,] the government was not required to establish that Manafort received the loan in question,” prosecutors wrote.
“The court’s suggestion, however, that the government was unnecessarily spending time on a loan that Manafort did not receive undermines the well established law on conspiracy, undercuts the charge in Count 28, and is likely to confuse and mislead the jury.”
Heading back in shortly since our 15 minute recess is now almost over.
Stay tuned.
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