The dance between prosecutor and cooperating witness is subject to failure. A productive relationship between a criminal in jail and the inquisitor trying to get him there is a bit implausible at first. It requires at least mutual respect. Prosecutors deserve to be open and open to facts that are not in line with their theories. The employees deserve it when they tell the truth. It is clear from Robert Mueller's special lawyer, who recently revoked Paul Manafort's cooperation agreement, that Manafort had no interest in telling the truth, even about his business relations in Ukraine. For the naive, the self-destructive behavior of Manafort makes no sense.
But now we know that the lawyers of Manafort were involved in the game. They crossed themselves with the special lawyer by attending Manafort debriefing sessions for the purpose of collecting information for Trump's lawyers. They say it's part of a continued common defense. However, a common defense agreement is a legal construct that allows lawyers representing clients in civil or criminal matters who share a common interest to exchange information under the privilege cone to develop a legal strategy. The only legal strategy driven by this superior common defense of Trump-Manafort was to give Trump and his team a little insight into the "witch hunt," as Trump calls the Special Representative's investigation.
At this point in time, it can be concluded that the consent of Manafort from the beginning was a semblance. The lawyer's unauthorized motives are so obvious that they might as well have made a mistake in Mueller's conference room.
I worked as a prosecutor for corruption in New York under the then United States. Lawyer Rudy Giuliani. Almost every successful case I've raised ranges from the prosecution of the New York City Housing Authority janitors, who received $ 50 in kickbacks, to members of Congress who demanded millions of dollars in bribes Witnesses of cooperating witnesses.
The only lawyers I've seen so far who have used their client's collaboration to mislead prosecutors, as the Trump and Manafort lawyers seem to have done, who represented wise men or fools. These lawyers never intended to do justice to their clients because they had been instructed by the boss to defend the boss by making sure that their subordinates never told the prosecutors the truth. As a former prosecutor who has worked and respects Rudy Giuliani, it is disturbing that he behaves like a mob lawyer representing a mobboss.
If one of the defenders we faced faced any such behavior, Giuliani would have insisted that they be investigated for witness manipulation and obstruction of the judiciary. And he would have been right. Smart, ethical defense lawyers just do not behave that way. If not, as Trump's recent comments suggest, Manafort and other possible witnesses, such as Jerome Corsi, assume that they will receive the presidential pardon.
Former FBI agents and lawyers who have collaborated with Müller in the past have said that Müller's methodical quest for cooperating witnesses is the same as he did to the investigation of "Teflon Don" John Gotti approached. It is very likely that Mueller suspected that Manafort's plea was a charade and an attempt to order a spy in the enemy camp from the start. It is highly unlikely that the special advocate shared everything important with him in the nearly two months of Manafort's "cooperation". Investigators have certainly not revealed the content of testimonies from other witnesses, or given any critical documents or other pointers to their final plans.
Commentators suggest that Russia's investigation of Manafort's failure suffered a severe blow. Hardly: The case of the Special Counsel is exactly where he stood the day before the guilty Manafort. It may be a bit better because it only highlights the obstruction of the judiciary that he seems to be preparing against Trump. Manafort, however, is sentenced to life imprisonment for his age and relative health, awaiting potential charges of further crimes. If he paid his lawyers, he should get his money back. You have not represented your best interests for a while.
As shocking as Trump's attempts to obstruct the investigation in order to silence potential collaborators, the presidential compromises appear to be the only coherent legal strategy Trump's attorneys have come to. They do not seem to be able to find the exculpatory evidence they can rely on. Based on the Muggle's previous experience with Mueller, including satellite research by the Department of Justice and the US Attorney's Office in the southern district of New York, I doubt that mute unruly staff will make Mueller skip a beat. However, when the Special Adviser finishes his work, I predict that he will make it clear that he had the last dance.
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