Lawyers for the government said Wednesday that Rick Gates, former Trump campaign chairman Paul Manafort’s right-hand man, “may testify” during Manafort’s trial, or he “may not.”
However, as Judge T.S. Ellis III said this was new information to him, prosecutor Uzo Asonye cautioned that the government was constantly re-evaluating its list of 35 possible witnesses. Whether or not those named on the list are called to testify could change “as evidence comes in,” he said.
Prosecutors have so far called three witnesses, including Democratic political consultant Tad Devine.
The revelation regarding Gates came as prosecutors were in the process of questioning FBI special agent Matthew Mikuska about a tranche of documents the government obtained when they searched Manafort’s Alexandria, Va., condo.
[Related: The rise and fall of Paul Manafort]
Ellis frequently questioned why special counsel Robert Mueller’s team of prosecutors needed to question Mikuksa about the records and ask him to read parts of the documents aloud, given that he only had knowledge as to which documents were seized during the FBI’s early-morning raid.
The judge’s issue with the prosecutors’ line of questioning was one of several he raised while trying to move the trial along as quickly as possible.
Gates, Manafort’s former businesses associate, was expected to be the government’s “star witness” in their case against Manafort.
Manafort’s lawyer, Thomas Zehnle, said during opening statements Tuesday that while Gates would be the “star witness,” the jury should not trust him.