Here’s what’s really going on with Robert Mueller and the judge in the Paul Manafort trial
Everyone was quick to attack Judge T.S. Ellis III of the United States District Court for the Eastern District of Virginia after his hour-long hearing, in which he expressed “deep skepticism” that he directed at the office of Special Counsel Robert Mueller. While we will have to wait for Judge Ellis’ decision whether to dismiss some of the charges against Paul Manafort, everyone should take a deep breath.
Ellis has presided over numerous high profile criminal matters, including that of “American Taliban” John Walker Lindh, and has imposed heavy sentences on those convicted. In addition, if Judge Ellis decided that the charges against Paul Manafort were outside the scope of Mueller’s authorization (the judge asked for the unredacted order appointing Mueller), he likely would do so without prejudice, and the matter would be transferred to another U.S. Attorney’s office (such as the one for the Eastern District of Virginia). Or Judge Ellis could then dismiss without prejudice, and the defendant would be recharged. Manafort is not going to be out of jeopardy, or less likely to face significant potential sentences. He’s been charged with very serious crimes, and there’s no chance those charges are going away.
Here are the judge’s words that have caused the panic about what is happening: “You don’t really care about Mr. Manafort’s bank fraud. You really care about getting information Mr. Manafort can give you that would reflect on Mr. Trump and lead to his prosecution or impeachment.”
The attorneys for Manafort had argued that the charges against Manafort have nothing to do with the election or with Trump. After citing the age of some of the charges against Manafort, he noted that even if there is not a connection, Mueller still might have authority to bring the charges against Manafort. Judge Ellis stated, “I’m not saying it’s illegitimate.”
Donald J. Trump immediately gloated about the matter, stating at the NRA Convention that Ellis was “very special” and “highly respected.” Those assessments of Judge Ellis are true – he has been a good judge for more than thirty years and his views and decisions generally are not questioned. We will keep an eye on those Trump statements should things not disappear in the Eastern District against Manafort – and they are not likely to go away. In the meantime, everyone should refrain from attacking the judge and his statements.
Daniel is a lawyer writing and teaching about SCOTUS, and is the author of the book “The Chief Justices” about the SCOTUS as seen through the center seat.