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Thu Mar 14, 2019, 02:17 PM

Barbara McQuade: Can Manhattan D.A. Cy Vance Flip Manafort After Mueller Failed?

https://www.thedailybeast.com/new-york-charges-against-paul-manafort-provide-intrigue-on-sentencing-day?ref=home

Can Manhattan D.A. Cy Vance Flip Manafort After Mueller Failed?
If Trump’s former campaign chairman was counting on a pardon from the man who lauded his refusal to ‘break,’ the NYC prosecutor may have just thrown a wrench into the plan.
Barbara McQuade
03.14.19 12:57 AM ET

snip//

But just when Manafort’s cases were over, Manhattan District Attorney Cyrus Vance charged Manafort in state court in New York. The timing could not have been a coincidence. What to make of these new charges against Manafort?

One obvious point of speculation is that these new charges were filed to prevent Manafort from escaping accountability for his crimes through a pardon. Other former Trump associates, such as former National Security Adviser Michael Flynn, former deputy campaign chair Rick Gates and former attorney Michael Cohen, have pleaded guilty and agreed to cooperate with the special counsel. Manafort, in contrast, has not. Manafort’s plea agreement in the District of Columbia included a cooperation provision that gave him an opportunity to earn a reduction in his sentence by providing substantial assistance in the investigation of others, but prosecutors discovered that while feigning cooperation, Manafort lied to investigators, and his deal was rescinded, causing some to speculate that Manafort is angling for a pardon from President Trump.

President Trump has remained supportive of Manafort throughout his prosecution, tweeting about his respect for such a “brave man,” who refused to “break.” Trump has used his pardon power in the past to absolve Sheriff Joe Arpaio of contempt of court and political commentator Dinesh D’Souza for campaign finance crimes, among others, showing that he is not afraid to use the power for what some may see as political causes. The president has a virtually unfettered power to pardon individuals who are convicted of crimes as a show of mercy. The one limitation on his pardon power is that while he may use it for people who have been convicted of federal crimes, he has no such power over state crimes.

That’s where state charges against Manafort can work as a backstop. The Manhattan DA’s indictment charges 16 counts, alleging mortgage fraud, falsifying business records and a scheme to defraud. While New York’s protective double jeopardy rules may create some litigation risk for the fraud charges, the counts for falsifying business records are unique to state law and seem unlikely to pose the same challenge.

Is Vance’s goal simply to ensure that Manafort is held accountable by facing prison time for his crimes? That alone would be a worthy goal for a defendant whose crimes were as pervasive and sophisticated as Manafort’s. Or is Vance instead thinking that by applying more pressure on Manafort, he can do what Mueller could not—convince him to cooperate by neutralizing President Trump’s pardon power.

Checkmate?

7 replies, 424 views

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Reply Barbara McQuade: Can Manhattan D.A. Cy Vance Flip Manafort After Mueller Failed? (Original post)
babylonsister Thursday OP
C_U_L8R Thursday #1
exboyfil Thursday #2
MyOwnPeace Thursday #3
gibraltar72 Thursday #4
OnDoutside Thursday #5
babylonsister Thursday #7
dlk Thursday #6

Response to babylonsister (Original post)

Thu Mar 14, 2019, 02:19 PM

1. Give Manafort a free tour of Otisville or Five Points

He'll start talking.

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Response to C_U_L8R (Reply #1)

Thu Mar 14, 2019, 02:22 PM

2. Scared Straight

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Response to C_U_L8R (Reply #1)

Thu Mar 14, 2019, 02:25 PM

3. I like it!

Just have "Big Bubba" greet him at the gate and offer to "push his wheelchair" and see how quickly Pauly sings!

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Response to babylonsister (Original post)

Thu Mar 14, 2019, 02:31 PM

4. My initial thought was would I want to serve time in a state pen??

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Response to babylonsister (Original post)

Thu Mar 14, 2019, 03:34 PM

5. I'm not ready to trust Cy Vance.

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Response to OnDoutside (Reply #5)

Thu Mar 14, 2019, 03:54 PM

7. Yea, I have reservations, too. nt

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Response to babylonsister (Original post)

Thu Mar 14, 2019, 03:41 PM

6. Manafort Knows What the Russians Would do to Him if He Flipped - It's Doubtful He Ever Will

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