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Seth Abramson
@SethAbramson
(THREAD) Paul Manafort and Rick Gates are now indicted. This thread analyzes legal and political aspects of their indictment and surrender.
1/ Draw no conclusion from the two being allowed to surrender rather than being arrested at home/work. It often happens in nonviolent cases.
2/ Here are the charges (via CNN):
The Special Counsel announced that Paul Manafort and Richard Gates have been indicted by a federal grand jury. The 12-count indictment is on "conspiracy against the United States, conspiracy to launder money, unregistered agent of a foreign principal, false and misleading FARA statements, false statements, and seven counts of failure to file reports of foreign bank and financial accounts."
The charges do not cover any activities related to the campaign, though superceding indictments remain possible.
Release from Special Counsel:
Paul J. Manafort, Jr., 68, of Alexandria, Va., and Richard W. Gates III, 45, of Richmond, Va., have been indicted by a federal grand jury on Oct. 27, 2017, in the District of Columbia. The indictment contains 12 counts: conspiracy against the United States, conspiracy to launder money, unregistered agent of a foreign principal, false and misleading FARA statements, false statements, and seven counts of failure to file reports of foreign bank and financial accounts.
3/ CNN also reports the timing of the indictment might have been influenced by the statute of limitations on certain tax crimes running out.
4/ America is getting an education in how prosecutions work: prosecutors charge everything they possibly can that they think they can prove.
5/ That doesn't mean new charges can't be added on these men later, but we can assume this is everything Mueller thinks he can prove now.
6/ Don't take anything from the fact that the charges do not immediately, on their face, implicate Trump or campaign collusion with Russia.
7/ In an investigation of this size and scope, the early charges are mostly intended to compel defendants to cooperate with investigators.
8/ No one believes Paul Manafort is the final target of the Russia probe, nor even necessarily that these are all the charges he could face.
9/ But these are the charges Mueller has now, and he may have investigated them first because they're—relatively speaking—easier to prove.
10/ To be clear, financial crimes are not easy to prove. But if you can get the records you need, you can proceed. Collusion is testimonial.
11/ What that means is that the evidence most likely to prove a Trump-Russia conspiracy involves words said between persons, not documents.
12/ Because words often have no printed record, you tackle documentable (e.g. financial) crimes first, and then the sexier testimonial ones.
13/ Registration, false statements, and failure to file charges are "easy" to prove assuming basic underlying facts and some key documents.
14/ Just so, assuming access to foreign bank records and perhaps a "black" ledger or two, conspiracy to launder money is less testimonial.
15/ So a prosecutor in this situation would follow documented crimes—i.e. less testimonial—in order to compel a defendant to new testimony.
16/ That Mueller is able to start with the President's Campaign Manager—rather than some peon—means he is that much closer to getting Trump.
17/ We mustn't forget that in a case in which evidence is scarce a prosecutor would have to start much lower on the chain than Manafort.
18/ A big question today is whether the two men will be given a bail they can afford—if not they'll sit in federal lockup until their trial.
19/ If Mueller wants them to squawk, it is desperately important he secure a bail on both men that they cannot afford—lockup loosens lips.
20/ With financial crimes, a prosecutor can often force defendants to make a showing that any money they put up for bail wasn't ill-gotten.
21/ Given how much ill-gotten money we believe that Paul Manafort—and possibly Rick Gates—received, that could be a tough showing for them.
22/ It's even harder for Manafort, as he worked for Trump "for free"—so it's not clear he can prove a legitimate source of recent income.
23/ While we don't have the details of the "Conspiracy Against the United States" charge, it's listed first and will be most key for bail.