Posted on July 11 2018
Literally take your pick...of previous entries...
I am pretty sure when Paul Manafort woke up this morning in his had no idea the of crushing legal troubles he would face. In a 36 hour period ten docket entries. Granted we are literally in the home stretch for pre-trial motions. But even for seasoned old DC bird like myself, every time my phone alerted my heart skipped a beat.So let’s drill down on Manafort’s Eastern District of Virginia docket, shall we?
Manafort’s “my bad, I’m good”
Last Friday Manafort filed a motion essentially saying that because he’s in custody he can not properly prepare for this trial. That the location of NorthenNeck is geographically challenging for him to meet & confer with his defense team. Manafort took great “libertues” of how he is essentially handicapped because he’s 2 hours away from his family and legal defense team.
Accordingly the Judge Ordered Manafort be moved to the Alexandria Detention Center. Because if geography really was/is an issue naturally then Judge looked to remedy the issue
No open source link— SpicyFiles (@SpicyFiles) July 10, 2018
Welcome back to Alexandria Paul, welcome back.
Good news the ADD is expecting you
Can we dispense with the hater-aid- of Judge Ellis?
He is not to be trifled with, ever.
/snort https://t.co/hACouCmD43 pic.twitter.com/RQCqNSP7wg
Shortly after Judge Ellis issued an Order to move Manafort from NorthernNeck to Alexandria. Manafort filed this abbreviated and frankly nonsensical response, open source link to Document # 116, can be found here.
Manafort’s filing reads in part:
The Court endeavored to address some of those concerns in its July 10, 2018 Order by having Mr. Manafort relocated to the Alexandria Detention Center.
concerns underlying the request for a continuance, while specifically noting the substantial distance between Northern Neck Regional Jail and Alexandria, were, at bottom, aimed more at the difficulty of
preparing for trial given Mr. Manafort’s detention versus his prior status on pretrial release.
Apparently distance really wasn’t the “real” reason, and inexplicably Manafort raises this “new” reason:
In light of Mr. Manafort’s continuing detention and after further reflection, issues of distance and inconvenience must yield to concerns about his safety and, more importantly, the challenges he will face in adjusting to a new place of confinement and the changing circumstances of detention two weeks before trial. With these considerations in mind, Mr. Manafort respectfully asks the Court to permit him to remain in his current place of detention. (emphasis added)
I am also pretty confident that the “after further reflection” is Manafort’s nice way of saying: Oh. My. God. My legal team reviewed the evidence Rick Gates “proffered” and is there any way I can phone a Ukrainian or Russian friend? Because I am BIGLY screwed. The Government has so much evidence that, I’d like to use a lifeline and delay my July 25, 2018 trail until November 200–never?
I don’t know, here’s a novel idea, the reason Manafort is current in Federal Custody is the evidence shows he engaged in a five week campaign to alter a witness’ testimony. That’s not my opinion, that’s plainly stated in the Government’s motion.
Well as luck would have it, earlier this morning Judge Ellis then issued a:
Habeas corpus ad prosequendum...
Granted this is not unusual. From a technical and procedural standpoint, this “writ” procedurally orders the “current custodian” Northern Neck Regional Jail turn Paul Manafort over to the Custody of the U.S. Marshal Service, who will then transport Manafort to Alexandria Detention Center, and ultimately transport Manafort to the EDVA Federal Courthouse in Alexandria. Where Manafort will appear for his trial. But then again typically a Judge’s Order is usually sufficient.
Holy Bleepppp— SpicyFiles (@SpicyFiles) July 11, 2018
Judge Ellis is NOT having Manafort’s ish and by ish I mean read this Order
cc @lauferlaw @ericgarland @TrueFactsStated I can only count on 1 hand when he’s done this
Manafort screwed himself pic.twitter.com/KmuMZECOrO
And then the docket litterally exploded. At some point I simply could not keep up with the insane and frenetic pace.
As you may recall Manafort filed a motion to suppress the evidence collected from his Alexandria Storage unit. (FYI he filed a nearly identical motion in his DDC case which was soundly denied by the DDC Judge) with respect to Manafort’s EDVA Motion to Suppress the Storage Unit evidence, Judge Ellis denied his request in a 23 page Order & Opinion. Open Source Link to Document #114 found here.
Then the Government filed their Opposition to Manafort’s Motion to continue his EDVA trial until November of 200-never-I-am-screwed. No really the Government filed their 6 pages Motion and mother of Gawd did the floodgates open:
jail self-contained living unit, which is larger than other inmates’ units, his own bathroom & shower facility, his own personal telephone,workspace not required to wear a prison uniform...monitored prison phone calls, Manafort has mentioned that he is being treated like a “VIP. pic.twitter.com/DO2FlHs9cl— SpicyFiles (@SpicyFiles) July 11, 2018
Document 117 Govt Oppo
This is where we find out the following relevant facts: VIP-Baby, numerous jail-house recordings of Manafort’s telephone conversations. Manafort isn’t required to wear prison garments. In some of the jailhouse recordings Manafort brags about his VIP treatment. The Government particulates numerous items;
It is incorrect that Manafort has “very limited access to his attorneys and the records.” Dkt. 110 at 6. In fact, Manafort has reported, in a taped prison call, that he has reviewed all discovery: Just days before filing his motion for a continuance, Manafort told the person on the call that, “I’ve gone through all the discovery now.”
And he has had extensive access to his counsel and materials: On July 4, 2018, Manafort remarked in a taped prison call that he is able to visit with his lawyers every day, and that he has “all my files like I would at home.”
Specifically, contrary to Manafort’s assertions about his jail conditions, Manafort is in a private unit in which he can review materials and prepare for trial.
Moreover, he is not confined to a cell. Between the hours of 8:30am to 10:00pm, Manafort has access to a separate workroom at the jail to meet with his attorneys and legal team. Visitor logs from the prison indicate that each week Manafort has had multiple visits with his legal team.
That footnote is in fact bonkers, Manafort appears to be in a Club Med of Federal Prisons. The jail has treated him beyond well, going so far as to create a separate work space and he’s not living in solitary condiment in a tiny prison cell and thus any argument Manafort has made that he is current living conditions is, well bull pucky.
Manafort also has a personal telephone in his unit, which he can use over twelve hours a day to speak with his attorneys.
According to prison telephone logs, in the last three weeks Manafort has had over 100 phone calls with his attorneys, and another 200 calls with other persons. Those telephone logs indicate Manafort has spoken to his attorneys every day, and often multiple times a day.
Manafort also possesses a personal laptop that he is permitted to use in his unit to review materials and prepare for trial. The jail has made extra accommodations for Manafort’s use of the laptop, including providing him an extension cord to ensure the laptop can be used in his unit and not just in the separate workroom.
And then the Government attached a list of evidence it has delivered to Manafort’s legal defense team on a rolling basis, that shows us how large the mountain of evidence is.
And as I continued to watch the docket grow, I sort of chuckled because Manafort’s excuse of “his safety”
Also this BS narrative Manafort uses about A.D.D. and Manafort’s safety, here’s a short list of inmates that housed defendants prior to their trials in EDVA Alexandria:— SpicyFiles (@SpicyFiles) July 11, 2018
Ahmed Abu Khatallah 👈🏻Benghazi attack
Zacarias Moussaoui👈🏻9/11 Terrorist
Osama El-Atari👈🏻 fraud
Document 118 Order:
Gawd Judge Ellis is running on full Octane today— SpicyFiles (@SpicyFiles) July 11, 2018
NEW order re Manafort’s motion to change venue to WDVA
Bad move Paul, you’ve done pissed him off.
I’ll pray for you because pissing off a Judge is epically stupid.
Document 120 Order
Did I mentioned that Manafort had a super bad 36 hours? Because the Judge was, well...not having it. Again the footnote.
Document 121, set of 50 Subpoenas:
Open Source Link to Subpoenas found here.
So um...this could be bad for Manafort— SpicyFiles (@SpicyFiles) July 11, 2018
Another SET of subpoenas
That’s going to leave a skid mark
cc @ericgarland @TrueFactsStated @lauferlaw @ninaandtito
Open Source Linkhttps://t.co/jxF2obL5JI pic.twitter.com/1EfDmrxbBR
And then to pile on more the Government submitted their Supplemental Filing, in which we find out that the Government has reached back to 1984-1986 of Manafort’s various FARA filings, supporting their Disclosures pursuant to Rule 404 (b) as the previous FARA filings show that Manafort did in fact know what is required to be filed and thus the Government innocuoated Manafort’s predictable: but “your honor it was a mistake” or “your honor I simply forgot”
Any who, I am exhausted, for timely updates on the fast moving motions of EDVA Case, you can find me on twitter and/or follow this twitter moment, found here. Also work is going into high gear so I may be silent for the next few days or will only post at night. -Spicy Out
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