U.S. judge says Mueller should not have 'unfettered power' in Russia probe

By Sarah N. Lynch

 

Former Trump campaign manager Paul Manafort departs after a motions hearing in his indictment by special counsel Robert Mueller at U.S. District Court in Washington, U.S., April 4, 2018. REUTERS/Joshua Roberts/Files

 

ALEXANDRIA, Va. (Reuters) - A federal judge said Special Counsel Robert Mueller should not have "unfettered power" in probing ties between President Donald Trump's campaign and Russia, and accused Mueller of using criminal cases to pressure Trump's allies to turn against him.

 

At a tense hearing in a federal court in Virginia on Friday, U.S. District Judge T.S. Ellis III sharply questioned whether Mueller exceeded his authority in filing tax and bank fraud charges against Trump's former campaign manager, Paul Manafort.

 

Ellis said the indictment appeared to be a way for Mueller to leverage Manafort into providing information about Trump.

 

"The vernacular is to sing," he said.

 

"You don’t really care about Mr. Manafort," the judge said. "You really care about what information Mr. Manafort can give you to lead to Mr. Trump" and his eventual prosecution or impeachment.

 

"It's unlikely you're going to persuade me the special counsel has unfettered power to do whatever he wants," Ellis, who was appointed by Republican President Ronald Reagan, said at a hearing on Manafort's motion to dismiss the Virginia charges.

 

Manafort, who served as Trump's campaign manager for five months, also faces federal charges in Washington, where he is accused of conspiring to launder money and failing to register as a foreign agent when he lobbied for the pro-Russia Ukrainian government.

 

Michael Dreeben, a deputy solicitor general working with Mueller, argued the special counsel's investigative scope covered the activity in the indictment.

 

In an Aug. 2, 2017, memo, Deputy Attorney General Rod Rosenstein authorized Mueller to investigate whether Manafort "committed a crime or crimes arising out of payments he received from the Ukrainian government before and during the tenure of President Viktor Yanukovych."

 

The former Ukrainian leader was removed from power and fled to Russia in February 2014, more than two years before Trump declared his candidacy for president.

 

"A WITCH HUNT"

 

Trump enthusiastically read the judge's comments out loud to his audience during a speech to the National Rifle Association in Dallas, saying they echoed his longstanding views. He called Ellis "a very respected person."

 

"I've been saying that for a long time. It's a witch hunt," he said of Mueller's probe into his campaign's ties to Russia and whether it colluded with Russians to interfere in the 2016 election.

 

He also distanced himself from Manafort, calling him a nice guy but saying "he worked for me for a very short period of time."

 

The sharp tone of the judge's comments could spell trouble for Mueller's case against Manafort and put even greater pressure on Rosenstein to rein in the Russia investigation.

 

But several legal experts cautioned against reading too much into the comments.

 

"I think there are some judges that believe that in being evenhanded, they should give the winner a hard time, too," said James Trusty, a former federal prosecutor now with the law firm Ifrah Law. "At the end of the day, it's very dangerous to read the tea leaves from comments from the bench."

 

Lisa Kern Griffin, a professor at Duke University School of Law and a former federal prosecutor, said it is unlikely Ellis will dismiss the charges against Manafort because bringing them was "almost certainly" within Mueller’s broad authority.

 

If Ellis dismissed the charges, they would likely be reinstated by an appeals court, Griffin said. "I think Judge Ellis may just be putting to the government through its paces," she said. "That is not uncommon."

 

The hearing on Friday was the third time Manafort has tried to get charges against him dismissed. A civil case alleging the Justice Department's order appointing Mueller was overly broad was tossed last month.

 

He also asked for dismissal of the Washington-based criminal charges on similar legal grounds, but there has not been a ruling.

Ellis did not rule on the motion to dismiss on Friday.

 

Ellis asked why a run-of-the-mill bank fraud case with no "reference to any Russian individual or Russian bank" could not be handed over to the U.S. Attorney's Office in the Eastern District of Virginia.

 

As an example, he pointed to the FBI probe into Trump's personal lawyer, Michael Cohen, and said the special counsel had turned that matter over to federal prosecutors in Manhattan.

 

Dreeben declined to discuss the Cohen case.

 

Ellis also complained that the bulk of that August memo he received was highly redacted. He told Mueller's office to take two weeks to consult with U.S. intelligence agencies to see whether they would sign off so that he can personally review a sealed, unredacted version of the memo.

 

Dreeben told him the redacted portions did not pertain to the Manafort case.

"I'll be the judge," Ellis said.

 

 

-- © Copyright Reuters 2018-05-05

 

 

A federal judge who drank the cool aid.

Edited May 5, 20188 yr by selftaopath

Possible common sense is starting to take effect? 

7 minutes ago, Boon Mee said:

Possible common sense is starting to take effect? 

Well when an expert like you pronounces on 'common sense' we all sit up and take notice

6 minutes ago, Boon Mee said:

Possible common sense is starting to take effect? 

The judge was protesting, but the remit of the investigation is as broad as the evidence dictates.

 

Mueller’s cases against Manafort will proceed.

 

Just like the investigation into Whitewater was allowed to proceed to Clinton’s fun with Lewinsky.

 

Manifort is toast.

26 minutes ago, Chomper Higgot said:

Manifort is toast.

I might take your expertise more seriously if you could at least spell Manafort's name correctly.

This is right candidate for a seat on the Supreme Court 

6 minutes ago, zydeco said:

I might take your expertise more seriously if you could at least spell Manafort's name correctly.

I guess you’ve no other objection to the point I made.

 

He’s toast regardless of how his name’s spelled.

A Trump fan complaining about incorrect spelling?

 

Edited May 5, 20188 yr by Slain

Have people forgotten this originated with a foreign adversary attacking our election (act of war said by some) and spewing contention vie social media?

 

I believe any American who does not want the facts about this to be understood and Americans who collaborated... in any way... with Russia prosecuted are not patriots. They might as well declare they want to destroy rule of law... which is happening with Swamp king's lead... and install a dictator like Russia has.

10 minutes ago, selftaopath said:

Have people forgotten this originated with a foreign adversary attacking our election (act of war said by some) and spewing contention vie social media?

 

I believe any American who does not want the facts about this to be understood and Americans who collaborated... in any way... with Russia prosecuted are not patriots. They might as well declare they want to destroy rule of law... which is happening with Swamp king's lead... and install a dictator like Russia has.

 

What a poor excuse for a dictator. Stalin would be pissed if you think Trump is any way comparable.

2 minutes ago, lannarebirth said:

 

What a poor excuse for a dictator. Stalin would be pissed if you think Trump is any way comparable.

We should perhaps be more concerned with what the Constitution says about the rule of law and separation of powers than looking for examples of dictators for Trump to emulate.

17 hours ago, selftaopath said:

Have people forgotten this originated with a foreign adversary attacking our election (act of war said by some) and spewing contention vie social media?

 

I believe any American who does not want the facts about this to be understood and Americans who collaborated... in any way... with Russia prosecuted are not patriots. They might as well declare they want to destroy rule of law... which is happening with Swamp king's lead... and install a dictator like Russia has.

I really don't understand this Russia election interference in the US election issue. The US continually interferes with foreign elections. From political assassinations to all-out war and regime change. From Chile to Iran (installing the Shau of Iran), Central America, former Eastern Block. The list is endless. Even Obama weighing in on Brexit telling the UK that if they voted to leave it would be back of the line in free trade negotiations. Not a huge amount of interference, but an unsuccessful thumb on the scale. Short of Russia hacking voting machines this interference by disinformation is a real nothing compared to what the US has done.

2 minutes ago, Chomper Higgot said:

We should perhaps be more concerned with what the Constitution says about the rule of law and separation of powers than looking for examples of dictators for Trump to emulate.

 

Trump is in the maw of what the Constitution says and the rule of law. Once in the system whatever there is to learned will be learned and if he has done anything outside the rule of law or the Constitution he will be dispatched. It's not worth sweating the details just because we have too much leisure time. The G men are on the case.

2 hours ago, Ulic said:

I really don't understand this Russia election interference in the US election issue. The US continually

interferes with foreign elections. From political assassinations to all-out war and regime change. From Chile

to Iran (installing the Shau of Iran), Central America, former Eastern Block. The list is endless. Even Obama weighing

in on Brexit telling the UK that if they voted to leave it would be back of the line in free trade negotiations. Not

a huge amount of interference, but an unsuccessful thumb on the scale. Short of Russia hacking voting machines

this interference by disinformation is a real nothing compared to what the US has done.

 

Well, remember how the school yard bully is fine dishing it out, but can't stand a dose of his own medicine being handed back?

 

That's a good analogy.

Appointed by Ronald Reagan.  I'm sure that's enough to sack him.  <sarc>.

 

Edited May 5, 20188 yr by 55Jay

34 minutes ago, 55Jay said:

Appointed by Ronald Reagan.  I'm sure that's enough to sack him.  <sarc>.

 

As pointed out earlier he is looking for promotion...

 

promotions to the Supreme Court will be like the naughty boy school shoving a book down his trousers before going to the headmasters study for a dammed good caning. 

Edited May 5, 20188 yr by Basil B

5 hours ago, Expatthailover said:

Well when an expert like you pronounces on 'common sense' we all sit up and take notice

 

everyone on thaivisa forum is an expert. didnt you know that?

5 hours ago, Boon Mee said:

Possible common sense is starting to take effect? 

Common sense for the judge is to show on the record that he's not biased to the prosecution.

He's playing the "devil's advocate" with the prosecution. He can muse about the prosecution's longer strategy beyond Manafort but ultimately such wanderings do not have legal relevance. US courts follow precedent case law for their rulings and as yet neither the defendant nor the judge has made any supporting cite reference that would favor Manafort's plea.

As a minimum I believe the judge has remained neutral in hearing the case.

This article is incorrect. Mueller must be given whatever power necessary to overturn the results of the 2016 presidential election. It was Hillary's turn, not some outsider who has no intention of playing ball with the establishment goons. Trump must be taken out at all costs and the status quo returned to immediately!

Edited May 5, 20188 yr by MajarTheLion
text size

26 minutes ago, Basil B said:

As pointed out earlier he is looking for promotion...

 

promotions to the Supreme Court will be like the naughty boy school shoving a book down his trousers before going to the headmasters study for a dammed good caning. 

Spoken like someone who isn't very confident Trump will be thrown out of office. Ooops.

4 hours ago, selftaopath said:

Have people forgotten this originated with a foreign adversary attacking our election (act of war said by some) and spewing contention vie social media?

 

I believe any American who does not want the facts about this to be understood and Americans who collaborated... in any way... with Russia prosecuted are not patriots. They might as well declare they want to destroy rule of law... which is happening with Swamp king's lead... and install a dictator like Russia has.

Interesting meme. I wonder if you realize the check marks can be applied to virtually every high-level politician. Probably not, but that's the way it goes with blind partisans.

30 minutes ago, MajarTheLion said:

Spoken like someone who isn't very confident Trump will be thrown out of office. Ooops.

The American legal system is to slow, and will even be slower if he continues to pack it with his cronies.

 

As I said in another thread he is more likely to have a stroke or heart attack than be forced out of office as one thing for sure his blood pressure must be climbing...

Edited May 5, 20188 yr by Basil B

5 hours ago, lannarebirth said:

 

Trump is in the maw of what the Constitution says and the rule of law. Once in the system whatever there is to learned will be learned and if he has done anything outside the rule of law or the Constitution he will be dispatched. It's not worth sweating the details just because we have too much leisure time. The G men are on the case.

Congress is negligent and possibly complicit in obstruction of justice. They are not following their oath. They are all little swamp king sheep. I'd venture to say anyone who doesn't see the erosion of U.S. institutions creeping us toward a one party rule with a autharian in charge are not paying attention.

Dat be up the butt Bob...

7 hours ago, Boon Mee said:

Possible common sense is starting to take effect? 

Wow , you think charges are imminent then !

Seems like a shamelessly partisan "judge" that watches too much Fox News. Definitely not a credit to his profession. He should make rulings based on the rule of law. Nothing more. Nothing less. 

 

I get the "trump" fans are exploiting this as a propaganda victory. It's one obviously corrupted judge. If they think that will stop Mueller from getting to the truth, whatever it is, they have another thing coming. 

30 minutes ago, Jingthing said:

Seems like a shamelessly partisan "judge" that watches too much Fox News. Definitely not a credit to his profession. He should make rulings based on the rule of law. Nothing more. Nothing less. 

 

I get the "trump" fans are exploiting this as a propaganda victory. It's one obviously corrupted judge. If they think that will stop Mueller from getting to the truth, whatever it is, they have another thing coming. 

The judge was appointed by Regan, he’s a Republican so he tows the Republican line and makes statements that he’s not happy with the Justice Department’s use of criminal charges to pressure witnesses to other cases.

 

But he will follow the law.

 

Mueller’s letter of appointment gives him extremely wide ranging powers of investigation, the judge can’t object to Mueller pressing charges to crimes he is investigating. 

 

Manafort is going down.

 

The Question is why is he not cutting a deal?

 

My theory is the Russians have threatened him and his family.

 

He’s toast!

Edited May 5, 20188 yr by Chomper Higgot

This might be informative to those who don't already know some of the ways Russia is attacking U.S..

 

7 hours ago, selftaopath said:

Congress is negligent and possibly complicit in obstruction of justice. They are not following their oath. They are all little swamp king sheep. I'd venture to say anyone who doesn't see the erosion of U.S. institutions creeping us toward a one party rule with a autharian in charge are not paying attention.

 

What are the charges that Congress has failed to act on so far?