Prosecutors in Paul Manafort’s Virginia case asked a judge on Wednesday for more time to decide whether they’ll seek a retrial for the 10 counts on which the jury was deadlocked. U.S. District Judge T.S. Ellis last week told prosecutors to state their intentions by Wednesday, but prosecutors are asking the deadline to be extended until a week after the judge rules on whatever post-trial motions Manafort files.
“Because the defendant’s post-trial motions have not been filed or ruled on, the government does not at this time have sufficient information to make an informed decision on whether it will seek retrial of the remaining counts,” the filing said.
Last Tuesday, after the jury’s verdict was delivered, Manafort’s attorneys asked the judge for thirty days to file their post-trial motions, which could include motions to acquit on the 10 mistrial counts. Prosecutors did not oppose the extension of that deadline.
Manafort was convicted on eight counts in special counsel Robert Mueller’s bank fraud and tax fraud case in Virginia. He also faces charges in D.C. that include money laundering, witness tampering and failure to disclose foreign lobbying. He has pleaded not guilty in that case, which will got to trial next month.
Read the filing below:
If they get the same judge (and I understand they will) and the prosecution is not allowed to properly vet witnesses (and that seems likely) a retrial could be a waste of resources. What are the chances of avoiding a Trumphead in a random 12?
Retrial in the same district doesn’t mean the same judge this time around.
My understanding is that even as mistrials they can be considered at sentencing. Does this still hold if Judge Ellis rules in favor of Manafort and acquits on those charges? I am trying to game out the situation where Mueller says “We’re good because all counts will be considered in sentencing” and Ellis goes “nuh-unh. You failed to prove your case on 10 counts so Ima gonna acquit - concurrent sentences based on 8 counts” and Mueller goes “d’oh”.
See paragraph 4:
Mueller wants to wait and see how much Manafort is willing to give in the plea deal. This is extra leverage.