Ex-Trump campaign chairman challenges
special counsel's authority
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[April 04, 2018]
By Sarah N. Lynch
WASHINGTON (Reuters) - President Donald
Trump's former campaign chairman Paul Manafort will try to convince a
federal judge on Wednesday to throw out criminal charges filed against
him by Special Counsel Robert Mueller, arguing Mueller has overstepped
his legal authority.
Manafort filed a civil lawsuit on Jan. 3 against Mueller and Deputy
Attorney General Rod Rosenstein, the Justice Department official who
appointed him, in a key legal test of how far the special counsel's
mandate extends. Mueller is investigating potential collusion between
Trump's campaign and Russia as well as whether the president has
unlawfully tried to obstruct the probe.
Wednesday's hearing will mark the first time Manafort's lawyer will get
a chance to persuade U.S. District Court Judge Amy Berman Jackson that
Mueller's investigation has run amok and needs to be reined in.
Manafort is one of a number of people already charged in Mueller's
probe, which has hung over Trump's presidency.
On Tuesday, Alex van der Zwaan, a Dutch lawyer who previously worked
closely with Manafort and former Trump deputy campaign chairman Rick
Gates, was sentenced to 30 days in prison for lying to Muller's
investigators.
Manafort, who performed lobbying work for a pro-Russian former Ukrainian
president before serving as Trump's campaign chairman in the 2016 U.S.
election, is facing an array of charges in two indictments brought by
Mueller in federal courts in Washington and Alexandria, Virginia. He is
charged with offenses including conspiring to launder money, failing to
register as a foreign agent, bank fraud and filing false tax returns.
Manafort has pleaded not guilty.
As a general matter, defendants like Manafort in criminal cases are not
usually able to use civil litigation to try to challenge criminal
charges. Justice Department lawyers are expected to bring up this point
on Wednesday, saying the proper way to tackle alleged defects in the
indictment is by raising them in the criminal case directly.
Rosenstein appointed Mueller in May 2017 and oversees the investigation.
Manafort's lawsuit relies on an arcane law called the Administrative
Procedure Act, which spells out the process federal agencies must follow
when writing regulations. Mueller was appointed by Rosenstein under
Justice Department rules governing the hiring of special prosecutors.
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Paul Manafort (C), former campaign manager for U.S. President Donald
Trump, arrives with his wife Kathleen (R), for an arraignment at the
federal courthouse in Alexandria, Virginia, U.S., March 8, 2018.
REUTERS/Brian Snyder
Manafort's lawyer is expected to argue that Rosenstein's order
hiring Mueller is overly broad and not permitted by law because it
gives the special counsel carte blanche to probe "any matters that
arose or may arise" from his investigation into Russian involvement
in the 2016 election.
He will also argue that Mueller's case against Manafort did not
arise from his Russia probe, because the FBI investigated Manafort
over the same conduct and closed the case in 2014. None of the
charges against Manafort are directly connected to the 2016 election
campaign.
The government will tell the judge that Manafort has no right to
challenge how the Justice Department's rules governing special
prosecutors are enforced.
A court filing on Monday showed Mueller is specifically authorized
to investigate whether Manafort colluded with Russia to interfere
with the 2016 presidential election and his ties to Ukraine's former
pro-Russia government prior to 2016.
Manafort's lawyer Kevin Downing is seeking to have the charges
dismissed in both criminal cases using similar arguments. In the
Washington criminal case, the same judge is also presiding over the
civil litigation.
(Reporting by Sarah N. Lynch; Editing by Will Dunham)
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