Via Zerohedge.com
Yesterday we told you about an intense courtroom battle that played out on Friday between the judge in Paul Manafort’s case and an attorney for Special Counsel Robert Mueller, in which the judge said that Mueller shouldn’t have “unfettered power” to prosecute Manafort for charges that have nothing to do with collusion between the Trump campaign and the Russians.
Manafort’s lawyers had asked the judge in the Virginia case to dismiss an indictment filed against him in what was their third effort to beat back criminal charges by attacking Mueller’s authority. In addition to pushing back against the Special Counsel’s argument for why Manafort’s bank fraud charges are related to the Russia investigation, the judge also questioned why Manafort’s case could not be handled by the U.S. attorney’s office in Virginia, rather than the Special Counsel’s office, as it is not Russia-related.
Today, a transcript of that hearing was leaked to Twitter user @Techno_Fog, a New York attorney who eloquently dissected the intense back-and-forth between Eastern District of Virginia Judge T.S. Ellis, a Reagan appointee, and Mueller attorney Michael Dreeben.
The transcript reveals an unimpressed Ellis repeatedly pushing back against Dreeben’s attempts to tie Manafort’s bank fraud case to Russia, while an arrogant Dreeben suggests that the power vested in Ellis is dwarfed by the Special Counsel’s omnipotence.
Ellis then calls out the case as an attempt by Mueller to gain leverage over Manafort.
“You really care about what information Mr. Manafort can give you that would reflect on Mr. Trump or lead to his prosecution or impeachment or whatever. That’s what you’re really interested in.” –Judge Ellis
Ellis then points out to Dreeben that the Special Counsel’s indictment against Manafort doesn’t mention:
(1) Russian individuals
(2) Russian banks
(3) Russian money
(4) Russian payments to Manafort
To which Dreeben looped back to the argument that “the money that forms the basis for the criminal charges” comes from Manafort’s “Ukraine activities,” which is tied to Manafort’s Russia activities (which still doesn’t answer the Judge’s question).
Manafort’s attorney hit back, calling the Special Counsel’s arguments “absolutely erroneous.”
Ellis has given prosecutors two weeks to show what evidence they have that Manafort was complicit in colluding with the Russians. If they can’t come up with any, he may, presumably, dismiss the case. Ellis also asked the special counsel’s office to share privately with him a copy of Deputy Attorney General Rod Rosentein’s August 2017 memo elaborating on the scope of Mueller’s Russia probe. He said the current version he has been heavily redacted.
Uh-oh precedence if this gets dismissed…. The Judge may single handedly end the cat and mouse games by the special council and would make it much harder for Muller to turn any other parties to his side (because all charges are unrelated to Russia so far)….
— Rob Lee (@WRRob) May 4, 2018
Without further introduction, Techno_Fog’s breakdown of the transcripts (with full copy at bottom):
I got my hands on the May 4 transcript from the USA v. Manafort hearing in front of Judge Ellis. (Thanks to a close friend.)
Here we go… pic.twitter.com/MsEmKIlUhn
— Techno Fog (@Techno_Fog) May 5, 2018
Judge Ellis immediately lays out his understanding of the Manafort case: The criminal indictment relates back to 2005, 2007, etc., that the DOJ investigation of Manafort had been going on for years.
The Special Counsel (SC) concedes that fact. pic.twitter.com/0fa711HOCT
— Techno Fog (@Techno_Fog) May 5, 2018
Judge: When SC was appointed, did DOJ turn over their Manafort file to you?
Special Counsel: [Evades]
Judge: “I’m sorry. Answer my question.” pic.twitter.com/Otfgbxezhw
— Techno Fog (@Techno_Fog) May 5, 2018
Judge Ellis:
“If I look at the indictment, none of that information has anything to do with links or coordination between the Russian gov’t and individuals associated with the campaign of Donald Trump.” pic.twitter.com/GzYgUlyR0d
— Techno Fog (@Techno_Fog) May 5, 2018
Judge Ellis recognizes what this is: an attempt by Mueller to squeeze Manafort. He likens the whole thing to a small-time drug dealer getting pinched.
“I think we out to be very clear about these facts and what is happening.” pic.twitter.com/6UpL1NdP5B
— Techno Fog (@Techno_Fog) May 5, 2018
The Judge lays out his correct observation that this case is all about leverage
against Manafort.He asks the Special Counsel if that assessment is wrong.
The Special Counsel refuses to answer the question. Twice. pic.twitter.com/4vi1KKOglU
— Techno Fog (@Techno_Fog) May 5, 2018
Judge: How does the 2005/2007 bank fraud have anything to do with coordination b/w the Russians and the Trump campaign?
Special Counse: [More evasion]
Judge: “You’re running away from my question again.” pic.twitter.com/RMCVPMtY35
— Techno Fog (@Techno_Fog) May 5, 2018
Important exchange here.
SC explains to the Judge that the indictments are w/in the scope of the SC appointment: leads from the prior DOJ case eventually contributed to and led to the indictment.
The Judge isn’t convinced. pic.twitter.com/YaVX20rROT
— Techno Fog (@Techno_Fog) May 5, 2018
SC: If the investigation is valid, the crimes that arose from that investigation are w/in the SC’s authority to prosecute.
Judge: “Even though it didn’t arise from your investigation. It arose from a preexisting investigation.”
lol. pic.twitter.com/ZrMovIwB0s
— Techno Fog (@Techno_Fog) May 5, 2018
An amazingly arrogant sequence here by team Mueller.
The SC is basically telling the Judge that grants of authority to the Special Counsel cannot be challenged through the courts.
Not “judicially enforceable.” pic.twitter.com/droTOG82vB
— Techno Fog (@Techno_Fog) May 5, 2018
That is what elicited Judge Ellis’s response that we don’t want “unfettered power.”
Judge Ellis continues, saying he’s not going to be persuaded that Mueller has “unlimited powers to do anything” Mueller wants. pic.twitter.com/rysP4lIH9x
— Techno Fog (@Techno_Fog) May 5, 2018
Here, Judge Ellis is requesting the full August 2 Rosenstein memo.
Important Q: What if the memo proves right Judge Ellis’s suspicions about the SC being a means to impeachment? pic.twitter.com/Q7KgFODbyL
— Techno Fog (@Techno_Fog) May 5, 2018
Eventually the SC sits down and it’s Manafort’s lawyer’s turn.
Judge Ellis to Manafort’s lawyer: Does the 8/2 memo remedy any issue with Mueller’s jurisdiction?
Manafort’s lawyer: No. It can’t retroactively be remedied. pic.twitter.com/cacD2MRZHC
— Techno Fog (@Techno_Fog) May 5, 2018
Judge: Isn’t the right result to give the case back to the EDVA USAO?
Manafort lawyer: No – Mueller had no authority to conduct a grand jury investigation, to get search warrants, to get the indictment.
[Personal note: I just don’t see the judge going that far.] pic.twitter.com/20Q7MJhC2l
— Techno Fog (@Techno_Fog) May 5, 2018
It’s time to start punching back: Manafort’s lawyer almost accuses the SC of lying to the court about whether the indictment “arose from” the SC investigation.
The SC’s arguments are “absolutely erroneous.” pic.twitter.com/3SOmHICbJY
— Techno Fog (@Techno_Fog) May 5, 2018
This statement by the SC proves that Rosenstein has hid the true scope of the Mueller probe – and how it has expanded/shifted – from the public. pic.twitter.com/nKdV2g3z4i
— Techno Fog (@Techno_Fog) May 5, 2018
And here we go: Judge Ellis gets after the SC for trying to have it both ways.
The result – “Come on, man” pic.twitter.com/kz4X3JMfuv
— Techno Fog (@Techno_Fog) May 5, 2018
Important. Judge Ellis explains the Mueller’s end game:
“You really care about what information Mr. Manafort can give you that would reflect on Mr. Trump or lead to his prosecution or impeachment or whatever. That’s what you’re really interested in.” pic.twitter.com/bAlGuxOZBV
— Techno Fog (@Techno_Fog) May 5, 2018
After going through all that, they get back to the real issue: Are the Rosenstein memos from May 2017 and August 2017 sufficient to confer jurisdiction to the Special Counsel? pic.twitter.com/iw3vB5PNRi
— Techno Fog (@Techno_Fog) May 5, 2018
Judge Ellis contemplating why the Manafort case couldn’t be sent to the EDVA USAO office by referencing the Michael Cohen case:
“Wasn’t there a matter in NY recently that the special counsel returned to the Southern District of New York?” pic.twitter.com/1QjGAheJvu
— Techno Fog (@Techno_Fog) May 5, 2018
Judge Ellis poses a question (a Q to which he will later provided an answer), asking why the Cohen was referred to the SDNY.
Special Counsel “not at liberty” to answer that question…. pic.twitter.com/2JEnUvk9P6
— Techno Fog (@Techno_Fog) May 5, 2018
However, the Judge has his own theory:
Did the SC farm out the Cohen case because it wasn’t within the SC’s jurisidction, or….
Did it have SDNY handle the Cohen case because they “can’t use this to further [the Special Counsel’s] core effort, which is to get to Trump” pic.twitter.com/ttv7L5UjZh
— Techno Fog (@Techno_Fog) May 5, 2018
The SC’s explanation as to why the Cohen case is different from the Manafort case isn’t convincing. pic.twitter.com/mmmtZfRX4f
— Techno Fog (@Techno_Fog) May 5, 2018
Judge Ellis then tells the SC that the indictment does not mention:
(1) Russian individuals
(2) Russian banks
(3) Russian money
(4) Russian payments to ManafortThe SC concedes that fact. pic.twitter.com/BjH2aOF6Lq
— Techno Fog (@Techno_Fog) May 5, 2018
The hearing closed with a request from Manafort’s lawyer that internal DOJ memos regarding the appointment and scope of the Special Counsel’s authority/jurisdiction be produced.
Apparently, rat-faced Rosenstein loves memos.
The judge took that under advisement. pic.twitter.com/SCfmTjZ2fX
— Techno Fog (@Techno_Fog) May 5, 2018
Read the entire exchange below:
https://www.scribd.com/document/378289501/USA-v-Manafort-Transcript-May-4#from_embed
Just sit back and watch the show. Looks to be shaping up to be a once in a lifetime spectacle. And the actual turning point in the fourth turning.
I get the sense we are moving towards a convergence point right now – a nexus – where Mueller, Sessions, Trump and all the other players are about to collide. It appears to have been orchestrated like different parts of a symphony that can and have stood alone but that are now suddenly being brought together into s single piece where all the parts complement one another. It’s been interesting to watch.
It’ll be interesting to see who survives and who doesn’t when that collision takes place.
In the end, there can be only one.
For me it’s been appalling to watch. And maybe the most appalling aspect is that I sit on my ass at this computer while evil men destroy the rule of law and the Nation itself. I sit on my ass because to DO otherwise, to ACT, would mean the complete and utter destruction of my family. So here I sit. Somewhere between wanting to be an honorable man and feeling myself a coward.
No cowardice in this. President Trump volunteered to handle it. Let him do what he set out to do. Do your little part, whatever that is. It doesn’t involve violence.
Constitutional crisis, just as S&H suggested could be one of this 4th Turning issues.
I’m waiting to see if IG provides damaging info on Rosenstein, the guy that appointed the corrupt POS Mueller.
As so many things do, this drama plays on many levels, For those with the mental acuity to see things for what they are, it is simply a palace coup. The worker bees of the Empire find themselves unwilling to accept the new Queen and they work ceaselessly to rid the hive of this usurper. Unfortunately for them there is the systemic laziness, Peter Principled go-fers and corrupt incompetents six layers deep that they must rely on to do their bidding.
We are locked in a government not of the people, but a Brazil-like bureaucracy of ineptitude and incompetence desperately trying to appear like serious adults. When the niggling over legalistic mumbo-jumbo supersedes the Truth, other things rush to fill in the vacuum.
No one with even a shred of honesty can believe for an instant that a man with virtually unlimited powers, and an open ended budget operating in what can only be described as a surveillance state after a year and a half of digging has nothing to show for his efforts except some peripheral financial shenanigans of long established political hacks that took place long before DJT announced his candidacy if they actually took place. This is a fishing expedition, not a criminal investigation and collusion with Russia has nothing to do with any of it.
Now we just wait until the Deep State torpedoes the judge with whatever dirt they have on him and he pulls a John Roberts Jr. and does a 180.
Brazil. It’s been a long time since I thought about that movie. Someone (I can’t even remember who) once told me it was the worst movie they had ever seen, so I never bothered. But I do vaguely remember watching bits and pieces of it (on HBO?) and thought it was sort of silly. Even at that time, though, Franz Kafka came to mind; and now I’m wondering if I should have another look.
Is the current intrigue taking place in the highest offices of the land, more Kafkaesque? Or Orwellian?
I tend to think Orwellian. Therefore, Room 101 could be about to knock on the good judge’s door.
What time is it? 1984? Or, looking at the calendar, it could be….
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The corruption is SO BAD it can’t be prosecuted all at once. The Mueller investigation is actually going to yield the opposite of what everyone thinks:
The theory is that Mueller and Rosenstein are boxed in, despite appearances, and will work to bring down the “#resistance” (Clinton cabal, etc.), because of their involvement in Uranium One. Mueller took a uranium sample to Russia and Rosenstein was the prosecutor for that case while he served in Maryland.
The end-game of the deep state Uranium One plot was to provide U.S. supplied uranium to Russia which would be processed into a nuke in Syria (in that secret Iranian facility that the U.S. bombed under the cover of that [false] chemical attack). That would facilitate a world war with U.S. and Russia wiping each other out and would bring in the world order/government.
“These people are sick!”
https://www.youtube.com/watch?v=1NMRz8OrEhk
The show has been better than I imagined it would be.