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That’s Entertainment: Judge Ellis and the Hearing on Manafort’s Motion to Dismiss
Attached is the transcript of yesterday's hearing in the Eastern District of Virginia on Paul Manafort's Motion to Dismiss the Indictment against him: USA v PAUL J MANAFORT JR – 5-4-2018 Hearing on Motion to Dismiss. The hearing was before Judge T.S. Ellis III and was characterized by Judge Ellis's typically blunt and withering wit. Here are some takeaways: Despite
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Former CEO of Volkswagen AG Faces Criminal Charges
DOJ issued an Indictment (see here) charging the former CEO of Volkswagen with criminal charges. The government's press release (see here) states they were "charging the former chairman of the management board of Volkswagen AG (VW), with conspiracy and wire fraud in connection with VW's long-running scheme to cheat U.S. diesel vehicle emissions requirements." (see
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Of Course Michael Cohen is Taking the Fifth
Everyone is reporting that Michael Cohen is taking the Fifth Amendment (see here and here). This is no surprise. For the government to get a search warrant, probable cause is needed. Further when there are parallel proceedings – with both possible civil liability and criminal prosecution, lawyers are quick to request a stay of the
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Point of Personal Privilege: The Comey Memos Are Plenty of Nothing
The redacted version of the Comey Memos have now been released and do not on their face come close to establishing criminal obstruction of justice by Donald Trump. What they do show is a new President with no concept of how to appropriately interact with his condescending, schoolmarmish FBI Director. There are conceivably four potential endeavors to obstruct justice
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Michael Cohen’s Attorney Speaks – No Need For a Search
Playing the press has become an important component in handling a white collar case. In the past, one might remain silent and let the case be resolved prior to making any statements, especially press-related statements. With the speed of the internet, it often becomes necessary for attorneys to respond to allegations to provide a level
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The Attorney Client Privilege is “Alive and Well”
The attorney-client privilege has had its challenges over the years. But to say the "attorney-client privilege is dead" is clearly an exaggeration and inaccurate. As noted here, there have been many law offices that have been searched throughout the years. (see here). The government has protocols in place to handle these searches. And hopefully a
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Law Office Searches – Nothing New Except the President’s Lawyer This Time
The NYTimes is reporting that the FBI raided the office of President Trump's personal attorney, Michael Cohen. (see here). Raids on law offices are not new, and there have been many law offices throughout the years that have had FBI teams show up to obtain boxes of materials and computers. In places such as the Southern
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In the News & Around the Blogosphere
Manuela Andreoni, Ernesto Londono & Shasta Darlington, NYTimes, Ex-President ‘Lula’ of Brazil Surrenders to Serve 12-Year Jail Term Norimitsu Onishi, NYTimes, Jacob Zuma Appears in Court for South Africa Corruption Trial Kate Rooney, CNBC, SEC takes aim at controversial crypto company Longfin, freezes $27 million in proceeds from insider stock sales Katie Bo Williams, The
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Mueller: What Could He Do And When Could He Do It?
Monday night, in the U.S. District Court for the District of Columbia, Special Counsel Robert Mueller filed his Response [Government's Response in Opposition to Motion to Dismiss] to Paul Manafort's Motion to Dismiss the Superseding Indictment. Manafort's Motion to Dismiss is bottomed on the alleged invalidity of Acting AG Rod Rosenstein's May 7 2017 Order Appointing Robert S. Mueller III as Special
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“Subject” – Trump?
The Washington Post is reporting that "Mueller told Trump's Lawyers the President isn't" a target of the Special Counsel's Investigation, but that in early March "Mueller described Trump as a subject of his investigation." (see here & here)(emphasis added). Whether President Trump currently is a subject or witness is important, especially for legal counsel in
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