Federal prosecutors and Rick Gates on Thursday took a step toward beginning the sentencing process for the former Trump campaign advisor, who made a plea deal with special counsel Robert Mueller in February 2018.
In a joint court filing Thursday evening signed by D.C. U.S. Attorney Jessie Liu, whose office has taken over Gates’s case since the end of the Mueller probe, they asked the court to start the probation office’s drafting of his pre-sentencing report.
The filing noted that Gates is still expected to testify in the trial of Roger Stone, slated to begin in November; in the trial this month of Greg Craig, a lawyer involved in the Ukraine work of Gates and his former boss Paul Manafort; and potentially at Manafort’s trial in a state New York court, which has not been scheduled yet but is expected at some point in 2020.
“Because the defendant has been cooperating for an extended period of time, and because of the defendant’s personal matters described to the Court in [a sealed June court filing] the defendant wishes to be sentenced as soon as possible after the completion of his cooperation with the United States,” Thursday’s filing said. “The government has no objection to scheduling a sentencing date after the aforementioned trials are finished and defendant’s cooperation has been completed.”
Gates pleaded guilty to lying to the FBI and to conspiracy. He was a key witness in Mueller’s investigation, testifying against Manafort in Mueller’s federal case against the former Trump campaign chairman last summer. Gates was also cited several times in Mueller’s report, particularly in sections about the Trump campaign’s efforts to capitalize on the Wikileaks release of hacked Democratic emails.
Unlike other Mueller witnesses who pleaded guilty in cooperation deals, Gates’ assistance to prosecutors has been publicly drama free, aside from the tumultuous testimony he gave at Manafort’s trial.
When the probation office finishes its pre-sentencing report, it will offer a sentencing recommendation for Gates. Gates’ attorneys and the prosecutors will then have the opportunity to put forward their own recommendations as well.
Update: U.S. District Judge Amy Berman Jackson granted the request on Friday and ordered the probation office to file its pre-sentencing report by Nov. 15.
Read the court filing below:
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Gates has worked very hard to avoid Manafort’s fate. Will it work?
What an interesting concept::YOU get to take part with the prosecutor in crafting your sentence.Of course you must be part of the criminal elite.
I find it thoroughly depressing to read these articles concerning the last remaining defendants/cooperating witnesses from the salad days of the Mueller road show when we all believed we’d see indictments flow from the font of plea deals and audio tapes and attorney files. Ah, those were the days, climbing in bed after a hard day following my Liberal slanted news feed, laying my head on my pillow with a knowing smirk on my face, only to find out Paulie two-suits was the high water mark…
The Pre-Sentence Report is done by the US Probation Department. They interview the defendant in presence of his counsel. They interview the agents and get case information from them. They prepare a long report which includes biographical material on the defendant usually corroborated by visits with and interviews of significant others, parents, siblings. The Report covers prior employment history, substance abuse, education, health. They corroborate with releases for MD’s hospitals, schools. Credit reports pending judgments. They calculate the defendant’s advisory sentencing guidelines. Then, after an initial disclosure, everyone (Govt and the Defendant) get to object to the initial disclosure before the Report is finalized and submitted to the sentencing Judge. In a cooperator’s case, the Government also submits a letter prior to sentence detailing the cooperation so the Judge can take it all into account. I fail to see why you find this as being unique to Mr. Gates or any different from any other Federal Criminal Case that goes to sentence. It is all done pursuant to statute if you want to look it up.