Politics: Trump ex-aide Manafort to seek dismissal of New York charges - - PressFrom - US
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PoliticsTrump ex-aide Manafort to seek dismissal of New York charges

00:00  14 june  2019
00:00  14 june  2019 Source:   reuters.com

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Judge orders Paul Manafort to be transferred to New York City’s notorious Rikers Island Judge orders Paul Manafort to be transferred to New York City’s notorious Rikers Island

Eilender said he would seek to dismiss the case on the grounds that it had been more than six years - the statute of limitation for fraud in New York - since the Last month Gates pleaded guilty to two charges and is cooperating with Mueller. Manafort maintains his innocence and is preparing for trial.

NEW YORK – State prosecutors in Manhattan hit Paul Manafort with a new indictment Wednesday, roughly an hour after the disgraced former Trump campaign manager received his latest federal prison term. Unlike the two federal cases in which Manafort has been sentenced to prison, a conviction on

Trump ex-aide Manafort to seek dismissal of New York charges© Reuters/XXSTRINGERXX xxxxx FILE PHOTO: Former Trump campaign chairman Manafort departs a motions hearing at U.S. District Court in Washington

NEW YORK (Reuters) - Paul Manafort, U.S. President Donald Trump's former campaign chairman, will ask a judge to dismiss criminal charges against him in New York, his lawyer told Reuters, in a case that will test the state's double jeopardy protections.

Todd Blanche, who represents Manafort, said the New York charges are tied to the same conduct for which the veteran Republican political consultant was prosecuted in federal court. Manafort has been charged in New York with residential mortgage fraud, conspiracy and falsifying business records.

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Eilender said he would seek to dismiss the case on the grounds that it had been more than six years – the statute of limitation for fraud in New York – since the Last month Gates pleaded guilty to two charges and is cooperating with Mueller. Manafort maintains his innocence and is preparing for trial.

Eilender said he would seek to dismiss the case on the grounds that it had been more than six years - the statute of limitation for fraud in New York - since the Last month Gates pleaded guilty to two charges and is cooperating with Mueller. Manafort maintains his innocence and is preparing for trial.

"You cannot be tried for the same facts in New York," said Blanche, offering a glimpse of his legal strategy ahead of Manafort's expected transfer to the state this month to face the charges. "We will plead not guilty."

The New York indictment was disclosed by Manhattan District Attorney Cyrus Vance on March 13, minutes after Manafort received his second and final federal sentence. Manafort, 70, is now in a federal prison in Pennsylvania to serve a combined 7-1/2 years in prison on tax fraud, bank fraud and other charges stemming from Special Counsel Robert Mueller's investigation into Russian interference in the 2016 U.S. election.

Manafort, who was paid millions of dollars for consultant work he performed for pro-Russian politicians in Ukraine, was prosecuted in two federal cases, one in Virginia and one in Washington, D.C.

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Former Trump campaign manager Paul Manafort on Wednesday filed a motion in federal court seeking to dismiss charges against him, saying that the special counsel had exceeded his authority by charging Manafort with crimes not related to Russian meddling in the 2016 election. In a 46-page

Former Donald Trump campaign chairman Paul Manafort ’s lawyer has pressed a judge to throw out five charges brought by Special Counsel Robert Manafort has pleaded not guilty to all charges , for which he could be jailed for life. But his former associate Rick Gates, another former Trump campaign

The New York charges were widely seen as an effort by Vance to ensure that Manafort serves significant prison time even if Trump pardons him, a prospect the Republican president has not ruled out. A U.S. president can issue pardons only for federal crimes.

The state indictment does not identify the banks involved in Manafort's alleged mortgage fraud. But it appears to relate to nearly $20 million in mortgages from Citizens Bank and the Federal Savings Bank for New York properties. Those mortgages were at issue in the special counsel's Virginia case.

Under New York law, a person cannot be prosecuted twice for the same act unless at least one element of the crimes is distinct and the statutes involved address "very different kinds of harm or evil." Vance's office could argue that such an exception to New York's double jeopardy protections is warranted in this case.

In addition, the jury in Manafort's Virginia trial deadlocked on 10 charges. Two of those were related to Citizens Bank and four stemmed from Federal Savings Bank loans. Vance is likely to argue that the hung counts open the door for another prosecution, legal experts said.

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Supreme Court Double Jeopardy Ruling May Affect Presidential Pardon Power The U.S. Supreme Court reaffirmed that a state and the federal government can press separate prosecutions over the same conduct, ruling in a case that might have extended the impact of President Donald Trump’s pardon power. require(["medianetNativeAdOnArticle"], function (medianetNativeAdOnArticle) { medianetNativeAdOnArticle.getMedianetNativeAds(true); }); The justices, voting 7-2, left intact the “separate sovereigns” doctrine, a decades-old rule that limits the scope of the constitutional ban on double jeopardy.

Eilender said he would seek to dismiss the case on the grounds that it had been more than six years – the statute of limitation for fraud in New York – since the Last month Gates pleaded guilty to two charges and is cooperating with Mueller. Manafort maintains his innocence and is preparing for trial.

[What you need to know to start the day: Get New York Today in your inbox .]. The Manhattan district attorney’s office is preparing state criminal charges against Paul J. Manafort , President Trump ’s former campaign chairman

Blanche does not see it that way. He said that "jeopardy attaches as soon as a jury is sworn in" regardless of whether it deadlocks, convicts or acquits the defendant.

A spokeswoman for Vance's office declined to comment.

Duncan Levin, a former federal and New York state prosecutor under Vance who is not involved in the case, said he expects a judge to dismiss some of the state charges while allowing others to go forward, including those related to the deadlocked counts.

"The bad news for Manafort is for at least a certain portion of this case there is no double jeopardy defense at all," Levin said.

Once Manafort is arraigned in New York, he could end up at Rikers Island, a troubled city jail complex, pending trial.

(reporting by Nathan Layne and Karen Freifeld in New York; Editing by Noeleen Walder and Will Dunham)

Read More

“We r all on the same team”: read Sean Hannity’s chats with Paul Manafort.
A judge unsealed months worth of messages between the pair about the Mueller investigation. As former Trump campaign chair Paul Manafort’s legal jeopardy worsened in 2017 and 2018, he found a chat partner to commiserate with: Fox host Sean Hannity. A Washington, DC, judge unsealed 56 pages of chat logs between Manafort and Hannity on Friday, and you can read them at this link. Special counsel Robert Mueller’s team submitted the messages into the record during the sentencing process, though prosecutors’ reasons for doing so aren’t yet clear.

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