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Crime Fraud Opinion in Manafort Case
Attached is In Re Grand Jury Investigation-Misc. Action 17-2336, the U.S. District Court Opinion holding that the crime fraud exception to the attorney-client privilege allowed Special Counsel Mueller the right to question Paul Manafort's lawyers about his allegedly misleading responses to questions from the U.S. Department of Justice. (wisenberg)
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George Papadopoulos Criminal Information and Plea Papers
As most people have figured out by now, the most interesting development related to the charges unsealed today by Bob Mueller & company is the guilty plea entered into by an apparently marginal Trump Campaign operative named George Papadopoulos. Papadopoulos established direct and indirect contact with some Russians early in the campaign and lied about it later to the FBI. Not
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Manafort-Gates Indictment
Here is the Indictment in U.S. v. Paul J. Manafort JR. and Richard W. Gates III (wisenberg)
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Manafort and Business Associate Reportedly Charged with Tax Fraud
Here is the New York Times Story. Once we get the Indictment it will be posted. The charges against Manafort and his associate Rick Gates, although they do not relate in any way on their face to Donald Trump or the Trump Campaign, are substantive and serious in nature. We are looking at a Klein Conspiracy,
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On the Brink of Charges? UPDATE
The first thing to ask, if CNN's Friday night report is accurate, is who leaked? Because if the leak came from the government or court staff it is almost certainly an illegal violation of a sealed court order and/or grand jury proceedings. And if it came from the defense attorney of the party to be
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Is the Schock Case Unraveling?
It's not every day that a federal district judge accuses the government of misleading the Court and demands corrective action. But it's happening in the Urbana Division of the Central District of Illinois. I posted here in March regarding the federal case against former Congressman Aaron Schock. Among other items of alleged government misconduct, the defense maintained that prosecutors improperly commented
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Mission Creep for Mueller? What Mission Creep? His Charter is Boundless.
I was on Tucker Carlson's show Tuesday night and he asked me whether Bob Mueller was guilty of "mission creep on a grand scale" by investigating "financial dealings going back some years." Presumably this was a reference to reports that Mueller and crew are investigating Paul Manafort's and President Trump's past financial arrangements with Russian citizens and business entities.
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DOJ Considering Changes to Yates Memo
According to Reuters, Deputy Attorney General Rod Rosenstein said on Thursday that there may be changes to the Yates Memo "in the near future." As discussed at length on this blog (see here, here, here, and here; see also here for an article on the Principles of Prosecution and the Yates Memo), the Yates Memo was released
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Second Circuit Chills Joint Defense Communications in U.S. v. Krug.
In a remarkable opinion issued last Friday in United States v. Krug, the Second Circuit ruled that a courthouse hallway conversation between two co-defendants covered by the same Joint Defense Agreement, and overheard by a third covered co-defendant, did not constitute a privileged discussion protected under the common interest doctrine. Three Buffalo police officers indicted for civil rights violations had just attended a pretrial hearing
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Bye Bye Billman. Bye Bye Bollin. Fourth Circuit Rejoins Legal Civilization and Prohibits Pretrial Restraint of Substitute Assets.
In an en banc decision in United States v. Chamberlain, issued on Friday, the Fourth Circuit overruled United States v. Billman and United States v. Bollin, holding that 21 USC 853(e) does not authorize pre-conviction seizure of untainted substitute assets: "[W]e overrule our precedent construing Section 853 and other identically phrased restraint provisions allowing the pretrial restraint of substitute assets
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