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Tierney Sneed

Tierney Sneed is a reporter for Talking Points Memo. She previously worked for U.S. News and World Report. She grew up in Florida and attended Georgetown University.

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A federal judge said Monday that Paul Manafort’s participation in the drafting of an op-ed was exactly the sort of media engagement she had banned in a gag order issued in his case, but indicated she was giving him a pass this time.

“Mr. Manafort, that order applies to you, not just your attorney,” U.S. District Court Judge Amy Berman Jackson said, while deciding to vacate her request that his attorneys prove he didn’t violate the gag order.

Earlier this month, Special Counsel Robert Mueller’s team indicated they were withdrawing from a bail deal with Manafort due to their discovery of an op-ed, intended to run in a Ukrainian outlet, that Manafort had helped edit which defended his work in the country. Manafort has been charged with money laundering, tax evasion and failure to disclose foreign lobbying, as part of Mueller’s Russia probe. He’s pleaded not guilty to all counts.

Manafort’s attorney, Kevin Downing, continued to defend the op-ed Monday, even after the judge said that she considered Manafort’s ghostwriting of the op-ed an attempt to “circumvent” her gag order. 

It’s difficult for Manafort “to sit and watch his reputation” be “besmirched in the press,” Downing said, adding that he would like to get more advice from her on how to manage the negative media attention.

Jackson said it was not her job to give Manafort advice, but that he could come to her with individual queries about whether certain actions would violate the gag order. She noted that his attorneys had had the opportunity to object to her gag order when she first proposed it, but that they had not. “There’s a lot of negative press going on about the prosecutors,” she said, adding that Manafort’s team would accuse them of violating the gag order if they tried to counteract with a move akin to Manafort’s ghostwriting.

Manafort Inching Towards A Bail Package

With the op-ed dealt with, the judge turned to the other issues she had with the bail package his attorneys were assembling in consultation with Mueller’s team.

She raised concerns that some of the properties that Manafort is seeking to put up as bail did not have appraisals connected to them in the court filings. For at least one of them, his attorneys had submitted Zillow listings to show the property’s worth instead.

“Zillow is actually considered to be pretty accurate,” Downing said in defense of the move. The comment drew murmured laughter in the courtroom.

Jackson indicated that she would like to see appraisals or other formal confirmations of the properties’ values before approving them for bail, along with other financial details related to the proposed package.

She was also wary of Manafort’s request that he be able to travel between Florida, New York and the Washington area if he were to be released from home confinement. Jackson suggested that if his package was approved, he would still have to give pre-trial services a fair amount of warning before traveling between the three places.

Gates Waives A Conflict Issue

Another question Jackson dealt with was the potential conflict Rick Gates — the Manafort business partner who’s also been charged in the case — could face because one of his attorneys, Walter Mack, is also representing a Gates associate accused of a film fraud scheme in a separate case in New York.

Gates went through the process of waiving the conflict by answering a number of questions in front of the judge confirming he understood the potential conflict for him.

His attorneys, it appears, still have some ways to go to in hammering out details with Mueller’s team as they come up with a bond package for Gates. In the meantime, Jackson seemed annoyed with the frequent requests Gates has made to leave house arrest for various family events, beyond the general exceptions laid out in the home confinement order. She pointed specifically to his decision to sign on as a coach to one of his children’s sports teams.

Gates, she said, it appeared to her, was trying to turn his home confinement into a “home confinement unless I want to be elsewhere.”

Scheduling Update

The parties in the case agreed to put on the books a status conference on Jan. 16, when they could continue to discuss any discovery issues and begin to come up with a schedule leading into the trial.

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By Monday, Special Counsel Robert Mueller’s team will have handed over to Paul Manafort’s and Rick Gates’ attorneys 400,000 items of evidence in its case against the two former Trump campaign officials as part of the pre-trial discovery process, according to a court document Mueller filed Friday.

The filing, ahead of a status conference slated for Monday, sheds additional light on aspects of Mueller’s investigation into Manafort and Gates. The two men were charged with tax evasion, money laundering and failure to disclose lobbying for foreign agents as part of Mueller’s larger Russia probe. They both have pleaded not guilty.

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Paul Manafort’s attorney on Thursday pushed back on Special Counsel Robert Mueller’s claim that Manafort had violated a judge’s gag order by assisting in an op-ed being written about him for a Ukrainian newspaper.

“The Special Counsel’s standard would lead to the constitutionally untenable conclusion that a defendant is not even allowed to maintain his or her innocence when such an order is entered because, by doing so, that statement might influence the public’s opinion,” the attorney, Kevin Downing, said in court filings.

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Republicans, at a House Judiciary Committee hearing Thursday with FBI Director Christopher Wray, did not show much eagerness to defend the agency from the attacks President Trump launched against it over the weekend.

More than a few GOP lawmakers were willing to back up Trump’s claim that the bureau is in “tatters,” with one Republican calling Trump’s allegation “understandable” and another saying that Trump was only talking about “senior leadership.”

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Asked about President Trump’s tweet claiming that the FBI’s reputation was “in tatters,” FBI Director Chris Wray gave a full-throated defense of the agency Thursday, praising the “tens of thousands of agents and analysts and staff working their tails off to keep Americans safe.”

“The FBI that I see is people, decent people, committed to the highest principles of integrity and professionalism and respect,” Wray said. “The FBI that I see is respected and appreciated by our partners in federal, state and local law enforcement, in the intelligence community, by our foreign counterparts, both law enforcement and national security.”

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House Oversight Chairman Trey Gowdy (R-SC) showed no interest Wednesday in further investigating claims a whistleblower brought to the committee’s Democrats about promises former National Security Advisor Mike Flynn allegedly made to a business associate about gutting Russia sanctions that been hindering the associate’s business project.

The whistleblower’s allegations were made public in a letter Rep. Elijah Cummings (D-MD), the committee’s top Democrat, sent to Gowdy Wednesday, to which Gowdy responded with a letter Wednesday evening.

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On Inauguration Day 2017, business associate of former National Security Advisor Mike Flynn touted texts from Flynn promising to gut Russian sanctions that were hindering the nuclear project the associate was pushing, a whistleblower has told House Democrats. The texts were timestamped as being sent just as President Trump was delivering his Inaugural Address, the whistleblower said.

The whistleblower told Democrats that the associate had been informed by Flynn that the project was “good to go” and that the sanctions would be “ripped up.”

“This is going to make a lot of very wealthy people,” the associate, Alex Copson, told the whistleblower on inauguration day, according to the whistleblower’s account to the Democrats.

Copson is the managing partner of ACU, a company that had funded a 2015 trip Flynn took the Middle East that he failed to disclose on security clearance forms. ACU was pushing a nuclear project in the Middle East that Flynn is said to have lobbied for while in the White House. Flynn said on a federal filing that he served as an advisor to the company between April 2015 and June 2016.

Democrats revealed the whistleblower’s account in a letter sent by Rep. Elijah Cummings (D-MD) to House Oversight Chair Trey Gowdy (R-SC), which was released just as the New York Times published its own report on the claims.

An attorney for Copson rebutted the whistleblower’s claim in a statement to Business Insider that said “no member of ACU received any communication in any form” from Flynn during the campaign, the transition, when Flynn served as national security advisor or after he left the White House.

In his letter, Cummings, the ranking member of the committee, said that his staff had been in touch with Special Counsel Robert Mueller’s investigation about the whistleblower’s claim, and had been given the green light to move forward with their investigation of the account after Mueller indicated he’d “completed certain investigative steps” he had asked them to allow him to do.

The Democrats are now asking Gowdy to sign off on subpoenas for various White House officials, associates of Flynn’s and others involved in the nuclear project.

“If you choose to continue blocking our Committee’s investigation of General Flynn and allowing the White House to defy our bipartisan requests, the Oversight Committee will be faced with allegations of hypocrisy that are extremely difficult to defend,” Cummings said.  “The integrity of this Committee’s work will be questioned, and the credibility of its investigations will be severely degraded.”

In the whistleblower’s account laid out by the Democrats, the whistleblower saw and greeted Copson at an event in Washington on Inauguration Day.

Copson then showed the whistleblower a text from Flynn that was timestamped at 12:11 that day — which is when Trump was giving his address — though the whistleblower did not read the text itself.

The project in question was a proposal to build dozens of nuclear reactors across the Middle East, which its proponents said would increase economic and energy security in the area, and would boost in particular Iran’s rivals. ACU was partnering with Russian interests in pushing the project. Another company, IP3/IronBridge had its own campaign to push the proposal.

The plan’s champions claimed that it would generate $250 billion in revenues for U.S. companies, according to the Wall Street Journal. Once in the White House, Flynn set up meetings between figures working on the project and key administration officials and Trump allies, the Journal reported. At one point, a memo about the plan circulated around the White House that appeared to be a draft memo Trump could send to cabinet heads, though it’s not clear that it ever made it in front of Trump himself, the Journal and the Washington Post reported.

On Friday, Flynn entered a guilty plea in Mueller’s investigation admitting to lying to FBI agents about discussing sanctions with Russian ambassador Sergey Kislyak in December 2016. The related court filings also mentioned Flynn’s failure to disclose work he did for a lobbying campaign on behalf of Turkey. They did not however mention the Middle East nuclear project.

Update: This story has been updated to include a statement from Copson’s attorney.

Read the full Cummings letter below:

 

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Less than a week after former National Security Advisor Mike Flynn entered a plea deal admitting that he lied to FBI agents, Senate Judiciary Chairman Chuck Grassley (R-IA) indicated he was opening a probe into the “reported bias” of an agent said to be involved in Flynn’s questioning, as well as in the FBI’s Clinton email investigation.

Grassley sent a letter dated Tuesday t0 FBI Director Chris Wray seeking communications and records related to the agent, Peter Strzok. His request comes as a handful of Republicans on the House Judiciary Committee, where Wray is scheduled to testify Thursday, amped up their own calls for an investigation into the “unprecedented bias” against President Trump at the FBI.

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An attorney representing Rick Gates suggested Monday that he had been informed by prosecutors that they may bring more charges against Gates, who faces federal charges on 12 counts of money laundering, tax evasion and failure to disclose foreign lobbying in Special Counsel Robert Mueller’s Russia probe.

The comment, by New York-based lawyer Walter Mack, came in another case Mack is working on. Mueller’s team has raised the potential of a conflict of interest with Mack working on the two cases.

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The Russian lawyer at the June 2016 Trump Tower meeting with President Trump’s top campaign aides and family members said that Donald Trump Jr. asked her if she had evidence of illegal activity related to the Clinton Foundation, according to an NBC report on written answers the lawyer provided to a Senate committee.

The lawyer, Natalia Veselnitskaya, said that she had no such evidence to provide Trump Jr., according to the report, and blamed the Trump-connected music promoter who acted as an intermediary in setting up the meeting for the miscommunication.

“Today, I understand why it took place to begin with and why it ended so quickly with a feeling of mutual disappointment and time wasted,” Veselnitskaya said in the questionnaire, according to NBC . “The answer lies in the roguish letters of Mr. [Rob] Goldstone.”

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