Ex-Trump campaign chief Manafort loses
bid to dismiss Virginia charges
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[June 27, 2018]
By Sarah N. Lynch
WASHINGTON (Reuters) - U.S. President
Donald Trump's former campaign manager Paul Manafort was dealt a setback
on Tuesday when a judge who had expressed some sympathy for Manafort's
argument that a special counsel lacked the authority to prosecute him,
refused to dismiss the case.
Judge T.S. Ellis in the U.S. District Court for the Eastern District of
Virginia ruled that Special Counsel Robert Mueller was properly
appointed by Deputy Attorney General Rod Rosenstein in May 2017 and has
the authority to prosecute Manafort.
He also disclosed that a classified August 2017 memo written by
Rosenstein authorized Mueller to investigate allegations that Manafort
"committed a crime or crimes by colluding with Russian government
officials with respect to the Russian government's efforts to interfere
with the 2016 election."
A spokesman for Manafort declined to comment. Russia has denied U.S.
allegations of election meddling and Trump has denied campaign aides
coordinated with Russian officials.
"Because the Special Counsel's appointment was consistent with both
Constitutional requirements regarding appointment of officers and
statutory requirements governing the authority to conduct criminal
litigation on behalf of the United States, the Special Counsel had legal
authority to investigate and to prosecute this matter and dismissal of
the superseding indictment is not warranted," Ellis wrote in his
opinion.

Tuesday's ruling was the second time a judge has upheld Mueller's
prosecutorial power, which could have wide ranging implications as he
investigates whether Trump's campaign colluded with Russia.
Manafort's argument for dismissing the case had in some ways mirrored
criticism by Trump and his allies, who have sought to portray Mueller's
probe as a politically motivated "witch hunt" that was also legally out
of bounds.
"This decision seems to take the wind out of those sails legally," said
Michael Zeldin, a former federal prosecutor.
Ellis is effectively saying that "it's not an unregulated witch hunt,"
Zeldin said.
Previously, Judge Amy Berman Jackson for the U.S. District Court for the
District of Columbia also refused to dismiss charges against Manafort,
after his lawyers sought to discredit Mueller's probe by accusing
Rosenstein of violating Justice Department rules governing the
appointment of special counsels.
Manafort has been indicted in Washington and nearby Alexandria,
Virginia, arising from Mueller’s investigation.
His Virginia trial starts in July and his Washington trial is scheduled
for September.
Manafort has pleaded not guilty to charges including conspiring to
launder money, bank and tax fraud and failing to register as a foreign
agent for the pro-Russia Ukraine government.
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Former Trump campaign manager Paul Manafort arrives for arraignment
on a third superseding indictment against him by Special Counsel
Robert Mueller on charges of witness tampering, at U.S. District
Court in Washington, U.S., June 15, 2018. REUTERS/Jonathan Ernst

None of the charges relate to work he performed on the 2016
campaign.
At a hearing in May, Ellis expressed skepticism about whether
Mueller had the power to bring charges against Manafort.
He mused that Mueller should not have "unfettered power" and told
prosecutors they were only pursuing Manafort so that he would turn
over dirt on Trump.
Trump later praised the judge's comments and read them aloud during
a speech to the National Rifle Association.
In May, Ellis also demanded that prosecutors turn over to him an
unredacted version of the classified August memo by Rosenstein which
fleshed out the scope of Mueller's powers, saying he needed it to
inform his ruling.
In his opinion on Tuesday, Ellis said that he still has strong
concerns about the use of special counsels or prosecutors more
generally.
"The Constitution’s system of checks and balances, reflected to some
extent in the regulations at issue, are designed to ensure that no
single individual or branch of government has plenary or absolute
power," he wrote. "The appointment of special prosecutors has the
potential to disrupt these checks and balances, and to inject a
level of toxic partisanship into investigation of matters of public
importance."
Ellis repeated what he said in May that Trump, and not Manafort, is
the target in Mueller's sights.
"Even a blind person can see that the true target of the Special
Counsel’s investigation is President Trump," Ellis said.
Manafort has been held in a Virginia jail since the federal judge
overseeing the Washington case revoked his bond on June 15 after
prosecutors told a court hearing that they had evidence Manafort
tried to influence witnesses’ testimony while he was under house
arrest.

(Reporting by Sarah N. Lynch; additional reporting by Nathan Layne;
Editing by James Dalgleish and Tom Brown, Grant McCool)
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