The federal judge rejected Paul Manafort’s motion to throw out charges brought against him by Robert Mueller in Virginia.
U.S. District Judge T.S. Ellis III ruled Tuesday that the case can go forward, but indicated he still had some concerns.
“Although this case will continue, those involved should be sensitive to the danger unleashed when political disagreements are transformed into partisan prosecutions,” the judge wrote.
Ellis had voiced his reservations during a hearing in May, when he grilled federal prosecutors who charged Manafort with bank and tax fraud.
Manafort’s lawyers had argued the charges were outside the scope of Mueller’s investigation, who has been tasked with investigating Russian interference in the 2016 election and possible links with the Trump campaign.
Mueller was appointed in May 2017 by Deputy Attorney General Rod Rosenstein, and that order “plainly authorizes the investigation of indirect links between Trump campaign officials and the Russian government,” Ellis wrote.
“In sum, because the [s]pecial [c]ounsel’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 [U.S.], the [s]pecial [c]ounsel had legal authority to investigate and to prosecute this matter and dismissal of the [s]uperseding [i]ndictment is not warranted,” he explained.
The trial is scheduled to begin July 25. Manafort has pleaded not guilty.
In May, Ellis pressed Mueller’s team to explain why they did not exceed the scope and openly wondered if their real goal was to squeeze Manafort to get to President Trump.
“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,” said Ellis in his Alexandria, Va., courthouse.
Ellis again had a similar opinion in his Tuesday order.
“Even a blind person can see that the true target of the [s]pecial [c]ounsel’s investigation is President Trump, not defendant, and that defendant’s prosecution is part of that larger plan,” he wrote in a footnote. “Although these kinds of high-pressure prosecutorial tactics are neither uncommon nor illegal, they are distasteful.”
Ellis also said that the case is a “reminder” that the federal government “ultimately works only if people of virtue, sensitivity, and courage, not affected by the winds of public opinion, choose to work within the confines of the law.”
“Let us hope that the people in charge of this prosecution, including the [s]pecial [c]ounsel and the [a]ssistant [a]ttorney [g]eneral, are such people,” he added. “Although this case will continue, those involved should be sensitive to the danger unleashed when political disagreements are transformed into partisan prosecutions.”
Manafort, in addition to losing the motion to dismiss the Virginia case, had previously lost a motion to dismiss the Washington case, a civil suit challenging Mueller in Washington, a motion to suppress evidence in Washington and a bid to drop the money laundering charge in Washington.
Manafort’s defense team goes before Ellis on Friday to argue what evidence should be suppressed in the Virginia case.
However, he will not be there, as he waived his right to appear earlier Tuesday.
Manafort is currently in jail in Virginia, after the judge overseeing his Washington case revoked his bail and sent him behind bars for attempting to tamper with two witnesses. He has also pleaded not guilty in the case brought against him by Mueller in the nation’s capital.
[Also read: Paul Manafort reportedly being held in ‘solitary confinement’]
