Thread: A Pardon Won't Save Manafort
Manafort is pleading guilty to only 2 charges (conspiracy against U.S. & witness tampering), but the criminal information today lists other crimes.
Mueller is preserving state prosecutions.
Last year, I wrote this: slate.com/articles/news_…
Manafort is pleading guilty to only 2 charges (conspiracy against U.S. & witness tampering), but the criminal information today lists other crimes.
Mueller is preserving state prosecutions.
Last year, I wrote this: slate.com/articles/news_…
2/ In August, I explained how the lone juror, by creating a mistrial with an 11-1 vote, actually preserved those deadlocked charges for state prosecution. Manafort still faces charges in CA, IL, VA, NY...
Today, Mueller seems to have done so deliberately. slate.com/news-and-polit…
Today, Mueller seems to have done so deliberately. slate.com/news-and-polit…
3/ WHOA. In the courtroom, prosecutors say it's a *cooperation agreement*.
Andrew Weissman - he chooses his words carefully.
Big. Bigly big.
Andrew Weissman - he chooses his words carefully.
Big. Bigly big.
4/ Manafort is pleading guilty to only 2 charges, and those 2 (conspiracy against U.S., obstruction) can only be brought by feds. But money laundering is in superseding information. Manafort is conceding to the info, but not pleading. States can charge. emptywheel.net/wp-content/upl…
5/ So a guilty plea that acknowledges this criminal information doc in court is usually admissible in state court and thus, slam dunk case on NY state money laundering charges (plus state tax fraud and bank fraud).
6/ As @emptywheel notes, today's criminal information on forfeiture is based on a *civil* forfeiture provision, relating to $46 million in Manafort's assets. The upshot is that a basic pardon cannot undo civil forfeiture, as far I understand. law.cornell.edu/uscode/text/18…
7/ It cites 28 USC 2461(c). Here's (a):
"Whenever a civil fine, penalty or pecuniary forfeiture is prescribed for the violation of an Act of Congress without specifying the mode of recovery or enforcement thereof, it may be recovered in a civil action." law.cornell.edu/uscode/text/28…
"Whenever a civil fine, penalty or pecuniary forfeiture is prescribed for the violation of an Act of Congress without specifying the mode of recovery or enforcement thereof, it may be recovered in a civil action." law.cornell.edu/uscode/text/28…
8/ I agree w/ @emptywheel:
"Here’s why this deal is pardon proof:
1. [Manafort probably started giving grand jury his cooperation this morning].
2. The forfeiture is...civil. DOJ will be able to get Manafort’s $46 million even w/ pardon.
3. State charges
emptywheel.net/2018/09/14/the…
"Here’s why this deal is pardon proof:
1. [Manafort probably started giving grand jury his cooperation this morning].
2. The forfeiture is...civil. DOJ will be able to get Manafort’s $46 million even w/ pardon.
3. State charges
emptywheel.net/2018/09/14/the…
9/ There are reports that Manafort's cooperation "does not include Trump campaign." Who would be the source of such an unusual narrow cooperation agreement? It's not the Mueller team. It could only be someone in the Manafort team. They have incentive to downplay. So I'm skeptical
10/ Mueller has key questions, and no reason to Manafort off the hook for them.
First, Manafort attended Trump Tower meeting. If Trump knew about it in advance, that leads to Conspiracy against U.S. for Trump's subsequent conduct. My @slate piece in July: slate.com/news-and-polit…
First, Manafort attended Trump Tower meeting. If Trump knew about it in advance, that leads to Conspiracy against U.S. for Trump's subsequent conduct. My @slate piece in July: slate.com/news-and-polit…
11/ Second, did Manafort play a role in changing the GOP platform on Russia and Ukraine in Aug 2016. (Of course he did). So what did Trump know about it? That might be part of a quid pro quo case, especially if Trump already knew of Russian hacking assistance.
12/ And there may be a lot more Manafort can tell a prosecutor about Trump's involvement. I doubt prosecutors would make any cooperation agreement without full cooperation and without cooperation on the core Russia investigation. Because Manafort is getting real benefits:
13/ A. Mueller can provide letter to judge for sentencing leniency based on Manafort's degree of cooperation. (Papadop got 14 days, VanDerZwaan got a month).
B. His family seems to be getting FBI protection.
C. Prosecutors could go after more assets if Manafort doesn't cooperate.
B. His family seems to be getting FBI protection.
C. Prosecutors could go after more assets if Manafort doesn't cooperate.
14/ And this is also a good observation from @Mimirocah1 and @Delavegalaw on today's Manafort criminal information on Russian sanctions linking up with the campaign. So his plea today already reflects cooperation w/r/t the 2016 campaign.
15/ If I had been in a Trump Tower meeting or conversation with Manafort about Russian agents and dirt in June 2016, and if I had hypothetically lied to the FBI or Congress about it, I would have a hard time sleeping tonight.
16/ Cooperation agreement was just released. It makes this state double jeopardy issue a bit more complicated, b/c it states Manafort pleads guilty to all elements of all charges, including money laundering.
But other state charges are still preserved. assets.documentcloud.org/documents/4883…
But other state charges are still preserved. assets.documentcloud.org/documents/4883…
17/ And the cooperation agreement is very broad, "in any and all matters as to which the Govt deems relevant." See p. 6-7. This is a full cooperation agreement.
