If they get the same judge (and I understand they will) and the prosecution is not allowed to properly vet witnesses (and that seems likely) a retrial could be a waste of resources. What are the chances of avoiding a Trumphead in a random 12?
Retrial in the same district doesn’t mean the same judge this time around.
My understanding is that even as mistrials they can be considered at sentencing. Does this still hold if Judge Ellis rules in favor of Manafort and acquits on those charges? I am trying to game out the situation where Mueller says “We’re good because all counts will be considered in sentencing” and Ellis goes “nuh-unh. You failed to prove your case on 10 counts so Ima gonna acquit - concurrent sentences based on 8 counts” and Mueller goes “d’oh”.
See paragraph 4:
Mueller wants to wait and see how much Manafort is willing to give in the plea deal. This is extra leverage.
Yeah it is. Good thinking.
It is good thinking to try to get more from Manafort, but i suggest they go ahead and refile the charges, especially now since T rumpp is throwing around the possibility of a pardon. Muehler should call T rumpp’s bluff, and force him to pardon a convicted criminal during a second trial, AND during the mid-terms.
Yeah I rather agree.
Counterpoint: Trying him again on those 10 can be portrayed as piling on and harassing, thereby giving Trump the “excuse” to pardon to keep him from prosecutorial abuse. I’d like to see him retried, I’d like Mueller to squeeze him with the additional trial, but I’m not sure that it’s worth giving that particular excuse to Trump. (Yes, I know he’ll probably do it anyway, I just don’t want to give him an easy hook.)
Likely doesn’t mean will – depends on the overall docket.
Well, there is the issue of the judge having committed a major league error when he implied to the jury that bank fraud where the loan was denied is not bank fraud. He won’t do that again.
If trump pardons manafort whoever writes it for him will make sure it is an any-and-all type blanket pardon covering a ~10 year period of manafort’s life. Won’t help with any state trials but manafort will be untouchable by the feds, unless he’s dumb enough to commit a new crime (he might be).
Many people would call that being held accountable instead of piling on.
Of course, including me. But that wasn’t my point.
We’re watching Rachel and my wife said, “We don’t have a president. We have a crime family operating out of the White House”.
I, myself, have run out of words to describe this despicable person.
Who gives a fuck about that?
All things being equal–i.e., Manafort doesn’t flip–my guess is that Mueller will seek to retry the outstanding counts in order to communicate the implacability of his operation and make it more still difficult, or costly, for Trump to dish out a bunch of pardons.
Given the documented antics of this judge, the safest course, if an answer is demanded, is to say yes, we’re going to retry. They can always drop later, and repercussions, if any, would be minimal. That preserves their options in the face of a rogue judge.
> Last Tuesday, after the jury’s verdict was delivered, Manafort’s attorneys asked the judge for thirty days to file their post-trial motions, which could include motions to acquit on the 10 mistrial counts. Prosecutors did not oppose the extension of that deadline.
No way should Manafort’s lawyers be allowed to succeed at moving for acquittal on these 10 charges. Would love to see, Manafort gets piled on and treated like someone who robbed the US of millions of dollars by selling out to the Russians.