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.’”
A spokesman for Mr. Mueller declined to comment. Lawyers and a spokesman for Mr. Manafort also declined to comment.
And if there was somehow any doubt at all that Manafort is rolling over on the boss because of that threat of an indictment,
well it may not be just a threat as CNN follows up:
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. Two of these sources, however, cautioned that the evidence is not conclusive.
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.
Manafort's long been the center of Mueller's investigation, and while we've long suspected he was facing an involuntary stay in decidedly substandard federal housing, we now have confirmation that Mueller knows everything, even if somehow Manafort isn't rolling over.
There is a big caveat on that CNN leak story though, as the team at Lawfare blog reveals:
The CNN story is a different matter. The story discloses FISA wiretaps against a named U.S. person. Whatever Paul Manafort may have done, he is a citizen of this country, and this is an egregious civil liberties violation. It’s also a significant compromise of national security information. Simply put, FISA information should never leak. When it does, it erodes the systems through which the government protects national security—and it rightly erodes public confidence that the systems designed to protect civil liberties work as intended.
Political leaking of wiretapping information is the stuff of the Hoover era. It has no legitimate place in our politics.
That's a fair point to make, and something to keep in mind. Leaking existence of a FISA warrant against a specific US person is a huge, huge deal, guys.
Still, I'm betting Trump is pissing himself tonight. He knows that he's in real trouble. This is the point in the chess match where the midgame is being fought and Trump's side just lost a rook, two knights and bishop, and Mueller maybe sacrificed a pawn or two, and that's because at this point
we have to assume that Robert Mueller has Donald Trump's tax returns as part of his investigation.
In fact, people familiar with the type of investigation that Mueller is now running signal the near-certainty that Mueller has access to the president's tax returns. The purpose would be to use the tax returns as a road map to investigate potential Russian financial influence within Trump Organization limited liability companies.
"I believe Mueller has already obtained tax returns in the Russia investigation," Renato Mariotti, a former federal prosecutor in the Securities and Commodities Fraud Section of the U.S. Attorney's Office in Chicago, said on Twitter on Aug. 10. He later wrote in The Hill he often used tax returns in his own federal investigations, and that it is almost a necessity in an investigation like Mueller's. It's also done without knowledge of the subjects of the investigation.
"A federal prosecutor obtains tax returns by seeking an ex parte order from a federal judge. That means that the person who is being investigated doesn't know that the tax returns are being sought or if the judge issues the order," he said. "Basically, it's done in secret."
Mariotti also said that "the July FBI raid at the home of former Trump campaign chairman Paul Manafort tells us a great deal about the status of … Mueller's investigation."
Before taking "an aggressive, public action" like having the FBI search a subject's home, Mariotti wrote, a "typical step" federal prosecutors take in white-collar investigations is obtaining tax returns.
"A prosecutor would first take steps that can be done covertly, without the subject knowing, to gather evidence that can serve as the basis for more aggressive actions like search warrants," he wrote. "I worked with federal prosecutors who obtained tax returns in every single white-collar investigation they worked on."
Mariotti also said it ordinarily would require a senior Justice Department official to sign off on a request to the IRS for tax returns in a non-tax federal investigation. But, in this case, Mueller already has that authority.
"Mueller has authority to do so because the statute permits 'United States attorneys' to obtain tax returns and he has the power of a 'United States attorney' pursuant to the special counsel regulations," he wrote, noting that "even the tax return of someone other than Manafort" could be helpful to Mueller, and that "he could have tax return information for many individuals."
A lot of people in the White House are suddenly wondering if it's too late to talk to Mueller. It probably is, all the good deals I'm betting are taken. What remains, well.
We'll see.
Posts
