Thread by @awprokop

ABJ rules that she has reviewed her determination that Manafort lied re: Kilimnik, in light of the recent new information, and it doesn't change her finding.

This was about the August 2, 2016 meeting between Manafort and Kilimnik, re: sharing of polling data. After ABJ ruled Manafort lied on that, Rick Gates provided the special counsel with certain new information.

But she says the new info doesn't change her finding

SCO’s Weissmann arguing that Manafort shouldn’t get credit for accepting responsibility, despite his guilty plea, because the court has repeatedly found he “engaged in deceitful conduct”

However, ABJ rules in Manafort's favor. She says that acceptance of responsibility is mainly about the underlying offenses themselves, which he admitted. Two-level reduction in the guidelines for Manafort.

ABJ points out: “Acceptance of responsibility for the purposes of the guidelines is not the same as acceptance of responsibility in a more existential and personal sense”

Weissmann: “Your honor, we’re here today because of crimes Paul Manafort committed for over a decade.”

Quotes Manafort's team claiming to defend American ideals and principles. Says his conduct belies both of those.

Weissmann mentions Manafort hiding his wealth from "a Russian oligarch, Oleg Deripaska."

(Mentioned in the context of how many offshore assets, etc. Manafort had.)

Weissmann, re: FARA: “Mr. Manafort committed crimes that undermined our political process and subverted the due process of law.”

Mentions Manafort work for Angola, Saudi Arabia — and then Deripaska, again.

SCO's mentions of Deripaska are notable because he has tended to not come up very often in open court.

Weissmann, re: Tymoshenko work: Manafort was undermining due process by supporting “keeping a woman in jail because it would serve to prop up the Yanukovych regime”

Weissmann: "Somebody who is the former campaign chairman for a major political party, under indictment in two cases with a national spotlight on him" -- who then chose to obstruct justice by tampering w/ witnesses.

"Evidence that something is wrong with" his "moral compass"

Weissmann continues, the story doesn’t even stop there. He lied after plea deal.

“Under oath, face to face, sitting with FBI agents” and “at least 16 grand juries,” Manafort chose to lie over and over to them.

Weissmann: “He engaged in crime again and again. He has not learned a harsh lesson. He served to undermine, not promote, American ideals of honesty, transparency, and playing by the rules.”

Manafort will speak later in the hearing, his lawyers say.

Downing: “Mr. Manafort and Mr. Kilimnik on a regular basis” were dealing with State Dept officials, but he can’t go into details because that’s part of the sealed part of the case.

Arguing that that kinda means the government knew about Manafort's unregistered Ukraine work.

Downing: "As a result of this prosecution, FARA filings have more than doubled." Claims this means, people have already been deterred from committing this offense. (Implied: no need to sentence Manafort harshly for deterrence)

Downing says the “media frenzy” around this case has resulted in “a very harsh process” for Manafort.

“That harshness, we would appreciate if the court could consider in sentencing.”

Downing: “But for a short stint as campaign manager in a presidential election, I don’t think we would be here today. I think the court should consider that too.”

Zehnle is up to address the witness tampering for the defense. Says witness tampering cases are usually about bribery or intimidation. (Manafort reached out to urge witnesses to give a false story.)

Manafort now speaking. Says that at his last sentencing, “apparently it was not as clear” as in “my heart” that he is in fact sorry. Says, he is sorry.

Manafort: “As I’ve set in solitary confinement for the past 9 months, I’ve reflected on my life and what’s important to me.” Can see that “I’ve behaved in ways that do not support my personal code”

Manafort: “Because of my new self-awareness, I can say to you with conviction that my behavior will be very different. I have already begun to change.”

Manafort says he’s almost 70, his wife is 66 years old, “I am her primary caregiver,” they need each other.

“This case has taken everything from me already… Please let my wife and I be together.” Asks for no more time on top of the 47 months.

Now taking a break for ABJ to consider her decision.

Manafort's statement mentioned the word "sorry" a bunch, but it remained quite vague on what, exactly, he thought he'd done wrong.

ABJ says there has been hyperbole on both sides.

"This defendant is not Public Enemy No. 1. But he’s not a victim either.”

ABJ says the question of collusion or conspiracy with Russia was not presented in this case, “period.” “Therefore it was not resolved, one way or the other, by this case.”

ABJ: "It is hard to overstate the number of lies and the amount of fraud and the extraordinary amount of money involved."

ABJ: “The defendant hid the proceeds of his int’l lobbying work from the United States, from the American people” — “cheated the US Treasury out of over $6 million.”

ABJ: Why [did Manafort do all this]? Not to support a family, but to “sustain a lifestyle at the most opulent and extravagant level possible. More houses than a family can enjoy. More suits than a man can wear.”

ABJ: This isn't just a regulatory matter, as defense claims. "He was hiding the truth of who he represented from policymakers and the public.”

ABJ: “What you were doing, was LYING to members of Congress and the American public.”

(Re: Habsburg group, other lobbying efforts in US)

ABJ says the defense keeps saying Manafort wouldn’t have been prosecuted if Mueller wasn’t appointed. She doesn’t buy it. Points out DOJ was looking into him beforehand.

ABJ: “The sentencing memorandum gave me concern that he hasn’t really accepted responsibility for that offense” [the witness tampering count]

ABJ: “The dissembling in this courtroom began with the bond proceedings and it never abated.”

ABJ: Since the plea deal, "He’s begun to minimize his conduct, and to shield others, in ways that I have found intentionally false.”

ABJ: It’s also problematical that what he had to say about others became less incriminating after the proffers, after the plea. Was he spinning the facts beforehand to get a good deal? Or after, to protect others? We don’t know.

ABJ says it's unfortunate that incarceration can separate someone from their family. But, she says, that happens in every case of incarceration. In this one, she says, at least his family has the means to handle it.

ABJ says she appreciates Manafort's comments this morning. But prior to this morning, the entire import of his comments were "look what they've done to me," without remorse. And comments today seemed prompted by Judge Ellis's statements last week (about Manafort not apologizing)

ABJ: "Saying I’m sorry I got caught is not an inspiring plea for leniency.”

ABJ alludes that Manafort’s team’s comments on how he never would have been charged if not for Mueller “may have been intended for some other audience”

ABJ: “Finally, the ‘no collusion’ refrain that runs through the entire defense memorandum is similarly unrelated to the matter at hand.”

ABJ: “It’s not particularly persuasive to argue that an investigation hasn’t found anything when you lied to the investigators”

ABJ is very annoyed with Manafort and his team constantly repeating he was in "solitary" confinement. Says it's just more spin, attempt to mislead the public about his conditions

ABJ re: Manafort’s gout claims -- Not contesting it, but “not one doctor’s letter or medical letter has been given to me, so I don’t know what to make of it.”

ABJ agrees that 19-24 year recommended guideline range overstated the seriousness of the offense. But says they exceed the 10-year maximum she can impose anyway

ABJ says she’s bound to make any sentence for count 1 concurrent with 30 months of the Virginia sentence.

The witness tampering offense, ABJ says, warrants "a separate, consecutive sentence."

However, she says full five year maximum for witness tampering offense not necessary. The effort was nipped in the bud, didn't involve threats.

ABJ announces the sentence:

60 months on Count 1, 30 months of that served concurrently with EDVA sentence
13 months on Count 2, to be served consecutively

And tomorrow morning, ABJ will have a status conference for Roger Stone.