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WTFINGF March 5, 2019 SCO RESPONSE to MANAFORT

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Posted on March 05 2019

 

WTFINGF March 5, 2019 🌶SpicyFiles🌶

 

Well today was a rather busy and odd day...so let’s just quickly rewind, as I was otherwise preoccupied with rogs, hey on the upside as of late I’ve been super productive at work. Although on Monday one of my coworkers (technically I have a lot of given where I work) was like:

 

oh man one of my favorite twitter accounts is gone...they explained legal filings that even I could understand them...<snort>

 

And I was like (again with a straight face) what is this twitter thing you speak of and should I be on it...<double snort> I still think some of my coworkers genuinely believe I don’t know what twitter is. We have a pretty strict social media policy..

 

Ty Cobb “Mueller is an American Hero”

 Like a sharp dagger of ethics and unassailable character Ty Cobb (and oddly John Dowd) speak truth to power and they put Country above party. But I’m also pretty sure the two of them are at The Palm literally laughing and saying to eaich other:  duuude...we so dodged  a bullet by flouncing because the Orange menace is guilty AF...

 “I don't feel the investigation is a witch hunt.”

(on the GRU indictment) “highly detailed,” he said. “And there's no link to Trump or the campaign. The same thing with Manafort -- they just filed an 800-page sentencing memorandum, and in 800 pages there's no reference to collusion,”

 

But here’s the thing, none of Today’s Cobb interview should be surprisijg  given his previous interviews. Case in point here’s the January 2018 Cobb interview with Major Garret:

 

 

Bill O’Reilly’s & Fox defamation suit dismissed:

In general defamation complaints are difficult to litigate, when you see a plaintiff file a 3rd Amended complaint, that usually means prior filings were below the bar set forth of stating an actual claim. You can read the full 21 page order here. For now the Court granted Bill O’Reilly and Fox’s motion to dismiss. Conversely if the plaintif repleads her complaint she can only name Bill O’Reilly 

“...O’Reilly and the Fox Defendants move to dismiss the SAC for failure to state a claim...

For the foregoing reasons, O’Reilly’s and the Fox Defendants’ Motions to Dismiss are GRANTED. Plaintiff is GRANTED leave to replead her claims only against Defendant Bill O’ Reilly.”

 

NY DFS subpoenas AON, Inc:

It might come as a surprise but today’s NYT’s breaking story. The neat thing about Lexis Nexis is you can run a query on a topic and get a substantial return on your query...Reuter’s (which is part of the Thompson Reuter’s Org parent company of Lexis Nexis) reported yesterday:

 

The New York State Department of Financial Services issued the subpoena late Monday to Aon Plc, a global insurance broker and risk management firm that works for the Trump Organization, said the person, who was not authorized to publicly discuss the matter.

The subpoena, which does not suggest that Aon or its employees engaged in wrongdoing, demands materials about Aon’s dealings with Trump and the Trump Organization dating to 2009, the person said.

Aon spokeswoman Donna Mirandola confirmed that the company received a subpoena from the regulator. “We intend to cooperate with all regulatory bodies,” Mirandola said in an email. “We do not comment on specific client matters.”

 

Again I’m not a fan of AOC but last week and over the weekend I drilled down on her exchange with Michael Cohen, here  (and here. Remember the $17 million Insurance payout for a hurricane that never occurred? I linked to the 2007 Deposition:

 

 Special Counsel’s response to Manafort:

 Out of the gate, you will probably want to reread the previous entries:

February 27, 2019 SCO Sentencing Memorandum, found here.

March 3, 2019 Manafort’s Sentencing Memorandum, found here.

You can read tonight’s SCO response to Manafort’s March 3rd filing in its entirety here.

 

As setforth in the SCO’s opening paragraph, their filing will address the following areas:

The government principally addresses the following issues:

(A) acceptance of responsibility;

(B) alleged cooperation;

(C) health and age; and

(D) recidivism.

In sections E and F, the government addresses the defendant’s Sentencing Guidelines objections and arguments regarding a disparate sentence.

 

With respect to Manafort’s assertion that he has accepted responsibility, again when the defense opted to waive venue...

🌶SpicyFiles Sidebar🌶 by waiving venue this under cuts Manafort’s claim that he’s accepted total responsibility for his actions. In the late fall of 2017 and early January of 2018 I noted that I genuinely thought this was a defense strategy of divide and conquer. It’s a strategy that was a big gamble and the reality is Manafort miscalculation is biting him in the butt.

...the Special Counsel’s Office rightly argues that Manafort’s contesting the facts of the indictment and superseding indictment undercuts Manafort’s new assertion that he’s fully accepted responsibility belies the actual truth:

 

 defendant exercised his constitutional right to trial in this matter and contested the facts and his guilt. That alone undermines any reduction for acceptance of responsibility.

On page 2 is where the SCO’s just goes straight to the heart of Manafort’s filing, correctly putting into factual context that Manafort was under criminal investigation prior to the May 2017 Special Counsel’s appointment. Ladies and Gentlemen that’s what you call a double tap, meaning your opponent will not get back up. Because Manafort’s flagrant lack of remorse should not be overlooked. 

 “...he would not have been charged in connection with hiding more than $55 million abroad, failing to pay more than $6 million in taxes, and defrauding three financial institutions of more than $25 million dollar...”

And then for good measure the SCO’s adds the following footnotes, the unmistakable undercurrent here is: MANAFORT IS NOT REMORSEFUL, at all.  He has repeatedly pointed the finger at literally everyone else except himself. 

 

 

“...Manafort’s own criminal actions that have led to these consequences; it cannot be blamed on the government or a jury’s holding him responsible for his crimes.

“...contend that because he was not charged with additional offenses, that mitigates his crimes of tax fraud, bank fraud and failing to file FBARs involving millions of dollars...”

 

The fact that Manafort directed Gates and a Ukrainian to find out more and that in the 2014 FBI interview Manafort only disclosed SOME of the Foreign Accounts versus ALL of his accounts  points to Manafort’s criminal intent but also completely undermines Manafort’s assertion that he’s taken full responsibility  for his actions.

 

 And by Manafort blaming the Government and the Special Counsel’s Office I’m pretty sure that would and should offend any Judge. But Judge Ellis? Thoughts and Prayers Paul because this kind of obfuscation and capitulation is not a way to curry favor for any Judge muchless Judge Ellis:

 I personally think the most offensive datapoint is Manafort left several banks millions of dollars in the hole, while the SCO’s astutely argues that in 2016 Manafort actually had the liquidity to pay Genesis Capital back (sidenote remember when I showed you that Tom Barrack bailed Manafort out in 2004 via his Hamptons mansion and Steve Calk...I still think we haven’t heard the last of Federal Savings Bank)

 

Wait WHAT...Manafort still owes the US Treasury $6,000,000.00? Holy mother of shut the front door Paul...your “assets” you gained by degrading numerous banks. Those aren’t yours. They elong to the Banks and/or the Government:

“...Manafort has not paid any restitution to the Treasury Department and still
owes more than $6 million.

Manafort’s effort to shift the blame to others—as he did at trial—is not consistent with acceptance of responsibility or a mitigating factor. Manafort has failed to accept that he is responsible for the criminal choices that bring him to this Court for sentencing. (emphasis added) 

 Paul your chutzpah to assert you’ve cooperated...are you insane or are you really that arrogant that the EDVA Judge won’t look at the DDC Docket? Seriously you’re a convicted felon. You committed numerous crimes. You lied to the FBI, the SCO and the Grand Jiury, repeatedly...

 

Oh dear Paul the SCO’s slapped down the aggravating factor and essentially said you are not to be trusted nor should there be a downward spiral because you failed to fully accept responsibility and you repeatedly lied...tisk...tisk...tisk...

 

Oh. My. Stars...the SCO took the gloves off and just went straight for Paul’s jugular...this is brutal but absolutely fair and I’m ecstatic that the SCO highlights the fact that Manafirt committed multiple crimes for over a decade but most importantly WHILE HE WAS TRUMP’S CAMPAIGN CHAIRMAN and AFTER he was indicted and AFTER he was remanded:

 “...defendant address the fact that after he was indicted in two districts for crimes spanning a decade, including crimes through 2017, he committed the additional crimes in 2018 of tampering with witnesses while on bail from both courts...

Manafort also lied to the government and the grand jury, in material ways, as recently as October 2018. (emphasis added)

 

I am glad the SCO’s expands on Manafort’s claim that he is of advanced age and not in the best health. Not that this matters but I can tell you that Manafort’s incarceration has had a dramatic effect on his body. He now walks with a cane and has a noticeable limp. He no longer has the “swagger” he use to have. Manafort does look like he’s aged 15+ years since he was remanded that’s not me criticizing the SCO filing. This is me telling you how Manafort’s apperance has dramatically changed since he was remanded.

 

“...Manafort can and should receive proper medical care while he is incarcerated. But none of Manafort’s reported conditions warrants a variance or departure. First, where the Bureau of Prisons (“BOP”) has the ability to provide medical treatment for the defendant's condition...”

The SCO rightfully points to Judge Jackson’s determination that Manafort’s “health” issues were “particularly conclusory” because in the DDC matter at no time did Manafort or his defense team proffer any medical documentation that could prove Manafort’s incarceration is why he lied to the Government, to the FBI and to the Grand Jury...

 

 

Who boy the SCO’s is literally telling the Judge Manafort’s Sentencing Memorandum is wholly without merit and lacks the prerequisite documentary evidence to,support the positions Manafort attempts to argue...wow...just...wow..

 

And then the SCO closes their counter argument with authority, facts and giving the Court a comprehensive counter argument to Manafort’s sentencing memorandum. Especially mic drop:

Manafort’s conduct was markedly different—involving more than thirty foreign accounts in three countries that housed more than $55 million, which he managed and accessed routinely.

He neither pled promptly nor provided complete and honest cooperation. He also has not paid back any of the taxes owed—a factor featured in most of the cases cited. Accordingly, these cases provide little guidance and no reason not to impose a sentence commensurate with his criminal conduct.

Again you can read the SCO filing in its entirety, here....and because I can so I did this video literally makes me laugh a lot /snort

HPSCI hires former Fed SDNY:

Of all the news today, this announcement just tickles my pickle because Goldman has an incredible reputation and his expertise with “handling” Russian. Mobsters is like the big fat cherry on this splendiferous HPSCI’s sundae. I personally loved this particular paragraph in Jeffery Toobin’s New Yorker Article:

Goldman seems well suited to lead this effort. As deputy chief of the organized-crime section of the Manhattan U.S. Attorney’s office, Goldman supervised the prosecution of more than thirty defendants accused of racketeering, gambling, and money laundering. During his decade in the office, Goldman convicted individuals associated with Russian organized crime of securities fraud and health-care fraud, and convicted leading figures in the Genovese crime family of racketeering and murder.

 

HPSCI introduces NDA aka White House Whistleblower:

I’ve previously written about Rep Krishnamoorthi, in 2017 he introduced a bill that would require  Presidents to disclose who, why, when they pardon an individual. I really hope he reintroduces that bill too. See below for his Press Reslease, or you can click on this link to read his press release in its entirety:

 

Congressman Krishnamoorthi Reintroduces The No Disrupting Accountability (NDA) Act To President Trump’s Personal Non-Disclosure Agreements From Silencing White House Whistleblowers

Congress has a duty to provide oversight over this administration, and protecting whistleblowers is a crucial part of that,” said Congressman Raja Krishnamoorthi. “This legislation clarifies that any non-disclosure agreements signed by White House employees do not cover actions protected by federal whistleblower law, and ensures that those in the Administration with knowledge of wrongdoing will not be afraid to speak the truth.”

 

Quinnipiac Poll 2/3 believe Trump committed crimes:

 

 American voters say 64 – 24 percent that Trump committed CRIMES in a Quinnipiac University National Poll released today. The fact that in a plurality that more Americans find/found Michael Cohen more believable than Trump, it’s glorious 

 WHO. ARE. THE. 21% WHO THINK TRUMP IS A GOOD ROLE MODEL for Children? The fact that nearly 2/3 of Americans polled believe that Trump committed crimes is just mind boggling. As in why did you vote for him, if you thought he was a criminal?

 

-Spicy OUT

ps remember there are 4 separate hearings tomorrow regarding the Zero Tolerance Policy

pps aren’t MAGAs suphah smart? Also why pray tell would Russia all of a sudden try to comment on this blog and whaddup with the Yandex shit?

 

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5 comments

  • Frederika Uhler: March 07, 2019

    Spicy please please please make sense of today’s sentencing of Manafort. What the heck?!!? So frustrated at that judge and going easy on him! Miss your twitter feed so much!!

  • PilatesQueen (Tammi): March 06, 2019

    I (almost) feel sorry for laughing while reading about Paulie Walnuts…..almost. But, it’s literally the consequences of his own actions that are slapping him in the face.

  • Darlene Reid: March 06, 2019

    Spicy you do amazing work and I have followed you for a very long time. Trump and his administration worked with a foreign country to win a past election and are still working with them to make American policy, and Lotttttts of money and so much more. You are connecting the dots for all of us to see.

    Personally I believe this is why you of all the people fighting for your country, (Team Patriot) is the account the Russians are most afraid of. I am not saying the dozens of other team patriot accounts do not bring facts I am saying people are being charged and found guilty and you Spicy explain it all so that a lay person can understand, even Trump supporters.

    Which is my point of this message, what you do is going to help in changing some of trump voters thinking. I would like to believe many of them care about all the money that Trump, his family and friends have defrauded the US of.

    I am Canadian and have many friends and family that were Trump supporters (love fox news). With what I am learning from you, I take that info and do my best to keep them informed. They are coming around and it is amazing to watch. I know none of us can vote but if this is happening here it has to be happening there.

    The Russians/Trump are scared and they should be.
    Thank you from Canada. DR

    You can post this on your site if you want but personally I would prefer it not be if my email address can be viewed.

  • Monica: March 06, 2019

    Thank you, Spicy! Can’t go to bed until I’ve read your blog(s)!

  • Judy New: March 06, 2019

    Hey Spicy,
    I see folks commenting on Mr. Claude Taylors twitter and think you can’t see them. Just wanted to say you are missed by so, so many! We all appreciate you and your outstanding work!

    Also, so very glad and grateful that you were associated with Man Dog PAC so you could continue to break it all down for us. I hope you know how much you are appreciated and missed!

    Thank you!

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