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Can judge Ellis keep this case from the jury?

Posted on 8/2/18 at 4:16 am
Posted by zeebo
Hammond
Member since Jan 2008
5397 posts
Posted on 8/2/18 at 4:16 am
Grant some kind of motion that says the case is so weak it must not go to a jury?
Posted by cbdman
New Orleans
Member since Feb 2015
1264 posts
Posted on 8/2/18 at 4:22 am to
FRCP 29. High bar.
Posted by Volsfan82169
Spring Hill, TN
Member since Aug 2016
3693 posts
Posted on 8/2/18 at 5:21 am to
48 Hours recently featured a murder case where this happened. After the defense rested, the judge ruled that the prosecution had failed its burden of proof and dismissed the case without it going to the jury. The defendant was set free.

Ironically, jury members interviewed said they believed the defendant was guilty.

It can happen though.

Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
47816 posts
Posted on 8/2/18 at 5:24 am to
quote:

jury members interviewed said they believed the defendant was guilty.


Manafort doesn't have a chance with this jury pool. I hope the judge can drop the hammer on Mueller/Weisman.
Posted by Oddibe
Close to some, further from others
Member since Sep 2015
6731 posts
Posted on 8/2/18 at 6:58 am to
this judge knows the case is nothing more than a “guilt by association” to get Trump, he said as much before the trial started. He asked why now, why didn’t the FBI file charges years ago against manafort when they did the initial investigation.
Posted by Major Dutch Schaefer
Location: Classified
Member since Nov 2011
38004 posts
Posted on 8/2/18 at 7:10 am to
quote:

He asked why now, why didn’t the FBI file charges years ago against manafort when they did the initial investigation.


Can someone explain how they were able to bring the case, isn't it past the statute of limitations?
Posted by BananaPeel
Baton Rouge
Member since Oct 2016
265 posts
Posted on 8/2/18 at 7:13 am to
He can, upon conviction, just sentence Manafort to time served. Effectively rendering the entire trial as useless.
Posted by Oddibe
Close to some, further from others
Member since Sep 2015
6731 posts
Posted on 8/2/18 at 7:16 am to
quote:

Can someone explain how they were able to bring the case, isn't it past the statute of limitations?

Im not exactly sure of the time frame or the exact charges so I don’t have a clue as to what the statute of limitations is regarding the charge.
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
47816 posts
Posted on 8/2/18 at 7:28 am to
quote:

He asked why now, why didn’t the FBI file charges years ago against manafort when they did the initial investigation.


There needs to be a damned good explanation as to why this case languished for so long after being initially investigated and decided to not prosecute = Wouldn't this be a perfect example of = "no reasonable prosecutor would bring this case to court?"

It seems to me that the original 'no prosecute' decision should be aired out and should be found to have been faulty - or some new evidence needs to be brought pertaining to the original charges .

HOWEVER - this should provide ample precedent to revive the HRC "no reasonable prosecutor would charge" into play - let's re-examine that case and see if we can find 17 rabid conservative federal prosecutors somewhat in the midwest to pursue that ball of wax..
Posted by Oddibe
Close to some, further from others
Member since Sep 2015
6731 posts
Posted on 8/2/18 at 7:36 am to
quote:

There needs to be a damned good explanation as to why this case languished for so long after being initially investigated and decided to not prosecute = Wouldn't this be a perfect example of = "no reasonable prosecutor would bring this case to court?"

It seems to me that the original 'no prosecute' decision should be aired out and should be found to have been faulty - or some new evidence needs to be brought pertaining to the original charges .

HOWEVER - this should provide ample precedent to revive the HRC "no reasonable prosecutor would charge" into play - let's re-examine that case and see if we can find 17 rabid conservative federal prosecutors somewhat in the midwest to pursue that ball of wax..
Excellent!
Posted by cajunangelle
Member since Oct 2012
161968 posts
Posted on 8/2/18 at 8:50 am to
Guess Who Cleared/Exonerated Manafort 8 Years Ago Of The Crime He's Being Charged With Now? - YouTube
LINK

Also the charges of money laundering DID NOT HAPPEN under Trump.
Posted by cajunangelle
Member since Oct 2012
161968 posts
Posted on 8/2/18 at 9:00 am to
quote:

What Manafort is being charged with
Manafort has been charged with four counts of bank fraud and five counts of conspiracy to commit bank fraud. In this case, he's also been charged with five counts of "subscribing to false United States individual income tax returns" and four counts of "failure to file reports of foreign bank and financial accounts."

The maximum sentence for these 18 counts is 305 years in prison. However, the government is currently recommending that Manafort serve 8 to 10 years if he is convicted.

As a result of their work with Ukraine, Manafort and Gates made tens of millions of dollars between 2006 and 2015. Neither Manafort nor Gates paid taxes on that income, instead classifying it as "loans" from offshore foreign entities, according to the government. They then used the money to purchase, refurbish and refinance their real estate holdings in the U.S.


Once Yanukovych fled in 2014 and they were making less money, the two used the properties as collateral for over $20 million in loans from multiple U.S. financial institutions. They secured the loans by inflating Manafort and DMP's income and not disclosing their debt, according to the indictment. Manafort and Gates then funneled millions to offshore bank accounts, which they failed to disclose to the U.S. government, in the Grenadines, Seychelles and Cyprus.

Manafort then used that money to fund what the government terms his "lavish lifestyle" including the purchase of luxury cars. More than $75 million flowed through the offshore accounts, $30 million of which was concealed from the Treasury Department, according to the indictment.

Richard Gates
Gates pleaded guilty in February to charges of conspiring against the U.S. and of making false statements to the federal government. As a result of his plea agreement, all charges in this case were dismissed and he will be testifying against Manafort. Gates is still believed to be cooperating with the special counsel and no sentencing date has yet to be set.

Gates worked as Manafort's deputy when he was chairman of the Trump campaign. After Manafort left, Gates stayed on as a liaison between the campaign and the Republican National Committee, according to CBS News reporting. He then helped plan Mr. Trump's inauguration in some capacity before he left for a job with America First Priorities, a pro-Trump group. He is reported to only have stayed at America First Priorities for a few months.

The judge
Presiding over the case is 78-year-old Judge T.S. Ellis, appointed to the bench by President Ronald Reagan. He has questioned how the indictment of Paul Manafort on financial charges relates to Mueller's investigation on alleged 2016 Russian election interference. Ellis has said Mueller's team is pursuing the case in order to "tighten the screws" on Manafort in the hope that he will testify against others, including Mr. Trump. During a May hearing in Alexandria, Virginia, Ellis said, "I don't see what relation this indictment has with what the special counsel is authorized to investigate.

"You really don't care about Mr. Manafort's bank fraud...What you really care about is what information Mr. Manafort could give you that would reflect on Mr. Trump of lead to his prosecution or impeachment," Ellis said. He also questioned why Mueller's office was pursuing the bank fraud charges against Manafort, but has handed off the investigation of Michael Cohen to prosecutors in Manhattan.

Mr. Trump has referred to the judge's skepticism as "really something special, I hear." However, Ellis denied Manafort's request to dismiss the criminal charges against him, saying his lobbying work "warranted the investigation here."

The legal teams
The special counsel's legal team in this care are prosecutors Greg Andres, Andrew Weissmann, Brandon Van Grack, Adam Jed, Michael Dreeben, and Scott Meisler. In addition, Uzo Asonye -- who works for the U.S. Attorney's office in Alexandria -- was brought on board after Judge Ellis told both legal teams to bring on local counsel.

Manafort, meanwhile, is represented by attorneys Kevin Downing, Jay Rohit Nanavati, Thomas E. Zehnle, and Richard Westling.

The Virginia trial is Manafort's first trial. He'll face another set of charges in Washington, D.C. in September -- money laundering and failure to register as a foreign agent with the Justice Department.

cbsnews.com
Keep in mind they are tied to the Podesta group, so Tony Podesta should be facing the same charges.
This post was edited on 8/2/18 at 9:01 am
Posted by Oddibe
Close to some, further from others
Member since Sep 2015
6731 posts
Posted on 8/2/18 at 9:00 am to
It doesn’t make sense that Judge Napalliano said Rod Rosenstain exonerated Manafort 8 years ago regarding the current trial. But it will be very interesting if in fact the defense team calls Rod Rosenstein as a witness.
Posted by VOR
Member since Apr 2009
67239 posts
Posted on 8/2/18 at 9:02 am to
Theoretically, but it’s highly unlikely.
Posted by cajunangelle
Member since Oct 2012
161968 posts
Posted on 8/2/18 at 9:19 am to
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