Legal Speaks Home Debbie Hines Bio Blog TV Clips Practice Areas Res Ipsa Loquitur Links Contact
Blog Home

Archive for July, 2018

No Slam Dunk for Mueller in Manafort Trial

Tuesday, July 31st, 2018

All political eyes and ears are on the start of Paul Manafort’s criminal trial for tax evasion, money laundering and an assortment of other money crimes. Paul Manafort is the former chairman for Donald Trump’s presidential campaign.  Jury selection is underway today.

If this were a card game, special prosecutor Robert Mueller has held his playing cards closely to his chest to prevent tipping his hand.  Until the start of the trial, we do not know what the evidence will show.  The indictment spells out what the prosecution intends to prove.  Once witnesses take the stand and documents are presented, we will know the hand that Manafort and Mueller have been dealt.

As for timing, the actual start of the trial with opening statements may not take place on the first day.  There is never a magical formula to predict the time that it will take to pick a jury.  Having tried many complex trials lasting weeks and months, it is never an easy guess. And this case is further complicated by the fact that everything is political in nature.  While Manafort’s trial does not focus on Russia and any Russian collusion, it is there streaming in the background. And prospective jurors may already have taken sides in this political climate.

Jurors will be asked a ton of questions to ensure that they can be fair and impartial.  However, most jurors will likely already know something about the case. Some may have already come to conclusions—without ever hearing any evidence.  Those prospective jurors who cannot set aside their preconceived notions and judge the case solely on the evidence presented will likely be excluded.   However, in today’s political climate, it is conceivable that a juror who is strongly for or against one side, might end up sitting on the jury.

The stakes are high for Robert Mueller and his special prosecution team.  If the prosecution wins, then it will send a clear signal that the other upcoming cases are on the right path. If he loses or a jury is unable to render a verdict, a roar of “no collusion”, “witch- hunt “will be heard around the world by Donald Trump and his followers.  If Mueller does not succeed with a guilty verdict on all or most counts, the GOP and Trump will likely call for an end to the special prosecutor.  Although Manafort’s charges and trial are not about Russia, it’s really all about Russia.

Manafort is charged in an indictment with various money crimes consisting of  lying to banks to get money, avoiding paying taxes, money laundering and hiding money in offshore accounts to avoid declaring it as income.  These cases are tried mostly with documents to prove the elements of the crime.  Under most ordinary circumstances, these cases are usually easy to win. Witnesses will testify such as Rick Gates who worked for Manafort.  Gates has cut a deal with prosecutors.  A witness who has skin in the game and has cut a deal with prosecutors is sometimes viewed with doubt or suspicion.  If the documentary evidence is overwhelming, Gates and the witnesses are only icing on the cake.

Most financial crime cases are easy to win for the prosecutor.  Yet, no case is ever a slam dunk for prosecutors.  Despite having a strong case, a case can still be lost.  One never knows what a jury of 12 persons will do when they go to deliberate behind closed doors.  All 12 jurors must agree to render a verdict.  If less than twelve agree on charges, a mistrial will be declared.

The biggest problem for Mueller is predicting how twelve persons will decide this case.  Anything less than guilty verdicts on all 12 counts will be seen as a partial loss.  There is no slam dunk trial in law.  Any case can be won or lost. Manafort’s case is seen as a must win for Robert Mueller.

UPDATE:  In the late afternoon,  a jury of six men and six women were seated to hear the trial. Opening statements and prosecution witness testimony began.  The prosecution intends to paint Manafort as someone who believes he is above the law.  The defense intends to play “pin the tail on the donkey” and blame everything on Rick Gates who received a plea deal.  But Rick Gates was not the one who received $60 million in  unreported income.  A three judge panel denied Manafort’s request for release from jail pending trial.  Manafort must remain in jail pending his second trial in September.

More updates and analysis to follow as the trial progresses.

Washington, DC based Debbie Hines is a former Baltimore prosecutor and criminal defense trial attorney.  She is often seen in various media outlets as a legal analyst.

 

 

A Study in Patriotism: Trump versus Colin Kaepernick

Wednesday, July 25th, 2018

Just in time for the start of the NFL football season with preseason in August, 2018, the issue of the players’ kneeling during the national anthem begins a new again.  Recently, the Miami Dolphins owners stated that the team intends to punish players who kneel or otherwise protest during the national anthem with up to a four game suspension and fines, according to documents obtained by USA Today.  However, the team owner later retracted the statement and proposed plans for suspension or penalties.  The local media covered the Dolphins intentions before there was the retraction.

 

Meanwhile the New York jets took the opposite approach by emphatically stating the opposite of no intention to fine players for their right to peaceful protest under the First Amendment. Previously, the NFL  intended to institute a policy of sanctions and requiring that players stand for the anthem—before the NFL Players Association (“NFLPA”) filed a grievance. The filing of the grievance resulted in the NFL putting on hold any policy against players’ protesting the treatment of Blacks killed by police.

The whole controversy is mistakenly centered around the anthem, kneeling and patriotism—when the real issue is protest of police brutality of Blacks. The kneeling protest began in 2016 when Colin Kaepernick began kneeling to protest the mistreatment of Blacks by the police and our failed criminal justice system.   It sparked a fire storm that resulted in the misinterpretation by many persons, including Donald Trump, of the protests being about lack of patriotism.  And Trump’s criticisms helped to fuel the negativity surrounding the protest

The purpose of the protests is to bring attention to the injustices inherent in the criminal justice system and mistreatment of Blacks. Kaepernick stated in 2016 that he’s “not anti-American”. I love America. I love people. That’s why I’m doing this. I want to help make America better. I think having these conversations helps everybody have a better understanding of where everybody is coming from.”

Last week Donald Trump insisted to NFL Commissioner Roger Goodell that fines must occur for players, mostly African Americans, who conduct peaceful protests.  One would think that Trump has more important things to be concerned about other than taking away constitutional rights away from NFL players.

There is nothing inherently illegal, unpatriotic or morally wrong with the NFL players’ protests.    Ironically, Donald Trump, who complains loudly about lack of patriotism by Colin Kaepernick, met in private behind closed doors with Russian President Vladimir Putin. Trump placed full trust and confidence in Putin’s denials concerning Russian interference with our 2016 election over that of the findings of our U.S. intelligence community. Trump attacks the press, our allies, our intelligence community, the First Amendment, to name a few. Trump defends and supports Neo-Nazi’s who kill innocent persons, rogue dictators who kill and torture their people including Kim Jong- Un and Vladimir Putin. Trump even considers turning over a citizen and former U. S. ambassador to Putin for questioning.  Do Trump’s actions appear as being patriotic?

Trump’s Foundation was recently sued by the N.Y. Attorney General who alleges that the Trump Foundation, instead of paying chartible organizations paid itself.  The lawsuit alleges the Trump Foundation was used as a checkbook for payments to benefit Mr. Trump.  Meanwhile, Colin Kaepernick, who has been without an NFL job for over a year, has paid over $800,000 to charitable organizations, since the kneeling controversy began.

The NFL players who are protesting mistreatment of Blacks in the criminal justice system and seeking change to a failed system are real patriots.  Challenging the lack of liberties and justice for all Americans does not make one unpatriotic. Through kneeling to the anthem, these players’ protests intend to bring attention to a system that has systemically denied criminal justice rights to African Americans and other persons of color—going back for centuries.  And hopefully, one day a change will occur with patriotic efforts to make America live up to her pledge of – “with liberty and justice for all”.

Real patriots try to help make America better for all. Thanks Colin Kaepernick for your patriotism.

Washington, D.C. based Debbie Hines is a former prosecutor, criminal defense attorney and legal commentator on multiple media outlets.