Tuesday, September 19, 2017

Indictment of Trump Campaign Chair May Be Imminent


Having worked as a special consultant to the the FBI and the U.S Attorney's Office on several occasions, I have seen first hand that sometimes one of the tactics prosecutors may utilize is to indict one target with the goal of causing the targeted individual to opt to go "state's evidence" against other possible targets in exchange for the workout of the a plea deal for the benefit of the initially indicted target.  As the New York Times is reporting, Trump campaign chair Paul Manafort may be facing an imminent indict in connection with Manafort's dealings with Russia and his communications with Der Trumpenführer.  Reports at CNN seem to confirm the fact that Manafort was under surveillance both before the November 8, 2016, election AND after that date.  Obviously, part of special prosecutor Robert Mueller's plan maybe to convince Manafort that it is in his best interests to testify Trump and other Trump campaign members in order to save his own ass (self-preservation often trumps - no pun intended - loyalty to others).  It must also be remembered that search warrants are only issued after prosecutors have convinced a judge that there is probably cause that crimes have been committed. Here are highlights from the Times story:
Paul J. Manafort was in bed early one morning in July when federal agents bearing a search warrant picked the lock on his front door and raided his Virginia home. They took binders stuffed with documents and copied his computer files, looking for evidence that Mr. Manafort, President Trump’s former campaign chairman, set up secret offshore bank accounts. They even photographed the expensive suits in his closet.
The special counsel, Robert S. Mueller III, then followed the house search with a warning: His prosecutors told Mr. Manafort they planned to indict him, said two people close to the investigation.
The moves against Mr. Manafort are just a glimpse of the aggressive tactics used by Mr. Mueller and his team of prosecutors in the four months since taking over the Justice Department’s investigation into Russia’s attempts to disrupt last year’s election, according to lawyers, witnesses and American officials who have described the approach. Dispensing with the plodding pace typical of many white-collar investigations, Mr. Mueller’s team has used what some describe as shock-and-awe tactics to intimidate witnesses and potential targets of the inquiry.
Mr. Mueller has obtained a flurry of subpoenas to compel witnesses to testify before a grand jury, lawyers and witnesses say, sometimes before his prosecutors have taken the customary first step of interviewing them. One witness was called before the grand jury less than a month after his name surfaced in news accounts. The special counsel even took the unusual step of obtaining a subpoena for one of Mr. Manafort’s former lawyers, claiming an exception to the rule that shields attorney-client discussions from scrutiny.
“They are setting a tone. It’s important early on to strike terror in the hearts of people in Washington, or else you will be rolled,” said Solomon L. Wisenberg, who was deputy independent counsel in the investigation that led to the impeachment trial of President Bill Clinton in 1999. “You want people saying to themselves, ‘Man, I had better tell these guys the truth.’”
Few people can upend Washington like a federal prosecutor rooting around a presidential administration, and Mr. Mueller, a former F.B.I. director, is known to dislike meandering investigations that languish for years. At the same time, he appears to be taking a broad view of his mandate: examining not just the Russian disruption campaign and whether any of Mr. Trump’s associates assisted in the effort, but also any financial entanglements with Russians going back several years. He is also investigating whether Mr. Trump tried to obstruct justice when he fired James B. Comey, the F.B.I. director. The wide-ranging nature of Mr. Mueller’s investigation could put him on a collision course with Mr. Trump, who has said publicly that Mr. Mueller should keep his investigation narrowly focused on last year’s presidential campaign. Mr. Mueller’s team also took the unusual step of issuing a subpoena to Melissa Laurenza, a specialist in lobbying law who formerly represented Mr. Manafort, according to people familiar with the subpoena. Conversations between lawyers and their clients are normally considered bound by attorney-client privilege, but there are exceptions when lawyers prepare public documents that are filed on behalf of their client. To get the warrant, Mr. Mueller’s team had to show probable cause that Mr. Manafort’s home contained evidence of a crime. To be allowed to pick the lock and enter the home unannounced, prosecutors had to persuade a federal judge that Mr. Manafort was likely to destroy evidence.
Said Mr. Gurulé, the former federal prosecutor, “Clearly they didn’t trust him.”
As for the high surveillance of Manafort, here are excerpts from the CNN piece:
US investigators wiretapped former Trump campaign chairman Paul Manafort under secret court orders before and after the election, sources tell CNN, an extraordinary step involving a high-ranking campaign official now at the center of the Russia meddling probe.
The government snooping continued into early this year, including a period when Manafort was known to talk to President Donald Trump.
Some of the intelligence collected includes communications that sparked concerns among investigators that Manafort had encouraged the Russians to help with the campaign, according to three sources familiar with the investigation.
Special counsel Robert Mueller's team, which is leading the investigation into Russia's involvement in the election, has been provided details of these communications.A secret order authorized by the court that handles the Foreign Intelligence Surveillance Act (FISA) began after Manafort became the subject of an FBI investigation that began in 2014. It centered on work done by a group of Washington consulting firms for Ukraine's former ruling party, the sources told CNN. he FBI then restarted the surveillance after obtaining a new FISA warrant that extended at least into early this year.
Sources say the second warrant was part of the FBI's efforts to investigate ties between Trump campaign associates and suspected Russian operatives. Such warrants require the approval of top Justice Department and FBI officials, and the FBI must provide the court with information showing suspicion that the subject of the warrant may be acting as an agent of a foreign power. The FBI interest deepened last fall because of intercepted communications between Manafort and suspected Russian operatives, and among the Russians themselves, that reignited their interest in Manafort, the sources told CNN. As part of the FISA warrant, CNN has learned that earlier this year, the FBI conducted a search of a storage facility belonging to Manafort. It's not known what they found. The conversations between Manafort and Trump continued after the President took office, long after the FBI investigation into Manafort was publicly known, the sources told CNN. They went on until lawyers for the President and Manafort insisted that they stop, according to the sources.
It's unclear whether Trump himself was picked up on the surveillance.
 Manafort was ousted from the campaign in August. By then the FBI had noticed what counterintelligence agents thought was a series of odd connections between Trump associates and Russia. The CIA also had developed information, including from human intelligence sources, that they believed showed Russian President Vladimir Putin had ordered his intelligence services to conduct a broad operation to meddle with the US election, according to current and former US officials.
The FBI surveillance teams, under a new FISA warrant, began monitoring Manafort again, sources tell CNN.


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