The trial of Paul Manafort was always going to be a spectacle. Not only is it the first case in special counsel Robert Muller’s investigation to go before a jury, but the charges, including conspiracy against the United States, conspiracy to launder money, and acting as an unregistered agent of a foreign principle, among others, were sure to make it a marquee event.
As spectators quickly learned, however, Judge T.S. Ellis III is also part of the show — a role that doesn’t further justice and, while entertaining, distracts from the objectivity of the trial.
On Thursday, Day 8 of the trial of former Trump campaign manager, Ellis admitted that his courtroom behavior and, specifically, his criticism of prosecutors the day before had been a step too far. Ellis said that he “may well have been wrong” when he criticized the prosecution’s team for allowing an expert witness to remain in the courtroom — something that Ellis himself had granted permission for during the trial’s opening arguments.
“The Court mistakenly faulted the government for permitting IRS revenue agent Michael Welch, the government’s expert witness, to remain in the courtroom during the proceedings, when in fact on the first day of trial the Court had expressly granted the government’s motion to do so.”
Noting the gravity of the error, Ellis explained, “The Court’s reprimand of the government counsel suggested to the jury — incorrectly — that the government had acted improperly and in contravention of Court rules. This prejudice should be cured.”
Ellis added, by way of excuse, “This robe doesn’t make me anything other than human.”
[Also read: Here’s a full wrap of Gates’ testimony in Manafort trial]
But this isn’t the first time that the judge’s remarks have taken center stage, rather than the facts of the case or witness testimony.
Earlier in the trial, Ellis rebuked the prosecution for not looking at him or for what he considered rolling their eyes.
In another telling exchange, Ellis told the prosecution, “I’m never patient, but you must be.”
“No comment,” replied prosecutor Greg Andres. To which Ellis retorted, “That was a comment,” adding, “I have a long memory.”
Earlier in the trial, Ellis also appeared to charge Andres with being so frustrated he was crying, saying, “I understand how frustrated you are. In fact, there’s tears in your eyes right now.”
Andres denied this to which Ellis responded “Well, they’re watery.”
Adding to the spectacle, Ellis has also made several asides on topics ranging from his age, to his past in the Navy, to his lack of an email address, and even his wife.
Of course, a human sits under the judge’s robe. That human, however, shouldn’t draw personal attention during a case which, instead, should focus on justice. Distracting from the case, as Ellis has done, not only distracts the jury but, as evidenced by Ellis’s comments on Thursday, could unfairly prejudice them against one side of the case.
As America increasingly seems like a political and media circus, the courtroom should not be the latest venue of spectacle — and the judge certainly should not contribute to making it so.
