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Manafort trial Day 15: Jury meets for third day as Trump-fueled political cacophony grows

"Manafort trial Day 14: Jury 'scared' as it heads home without a verdict"

Trump’s comments calling Manafort a ‘good person’ and his trial a ‘very sad day’ intensified the pressure on jurors.

By JOSH GERSTEIN and DARREN SAMUELSOHN
08/20/2018 05:06 AM EDT
Updated 08/20/2018 12:48 PM EDT

[...]

Downing seems to be trying to boost public sympathy for his client, which could pay off regardless of whether his comments reach jurors’ ears. Many legal observers believe Manafort’s team is making a play to Trump for a potential pardon if the former Trump campaign chief is convicted on any of the charges in the Virginia case or a separate trial set to take place in Washington beginning next month.

But while Trump’s allies have amplified the message — “We have our fingers crossed for Paul,” former White House communications director Anthony Scaramucci said ..

Agree completely. We have our fingers crossed for Paul https://t.co/K9nxo04f4q

— Anthony Scaramucci (@Scaramucci) August 17, 2018

.. on Twitter — critics said it was inappropriate for the president to weigh in mid-trial and for Downing to draw attention to Trump’s remarks while the jury, which is not sequestered, is deliberating.

“Manafort attorney is likely violating ethical rules by his comment,” former federal prosecutor Mimi Rocah said ..

Manafort attorney is likely violating ethical rules by his comment. Gov should make motion. Completely inappropriate. (President’s comments are too of course but Ellis doesn’t have control over that). https://t.co/ryLltcdw5i

— Mimi Rocah (@Mimirocah1) August 17, 2018

.. on Twitter. “Gov should make motion. Completely inappropriate. (President’s comments are too of course but Ellis doesn’t have control over that).”

[...]

Despite Trump’s frequent attacks, jurors at Manafort’s trial have encountered no explicit argument in the courtroom that Mueller’s appointment as special counsel or his team’s work is illegitimate. Before the trial, Ellis rejected a motion challenging the special counsel’s authority, but the judge made clear he is no fan of the concept of an independent prosecutor.

Nevertheless, it seemed no accident that in closing arguments last week, defense attorneys reminded jurors no fewer than eight times that the case against Manafort was brought by the special counsel’s office. In one instance, Downing stopped to explain to jurors that the small-print footer “SCO” in one of the exhibits meant it came from the special counsel’s office.

Defense lawyer Richard Westling also told jurors that “typical Justice Department prosecutors” don’t bring bank-fraud charges based on facts like those in the Manafort case.

[...]

Gene Rossi, a former federal prosecutor from northern Virginia, said jurors’ questions show they were “very thoughtful, conscientious and paid attention during the trial” but may not have gotten the relevant information from witnesses.

“Reading into jurors' motives based on questions can be more hazardous than Victorian tea-leaf reading,” Rossi said. But he added that it was notable the jurors had requested a larger room to examine the nearly 400 exhibits made available to them for deliberations.

“This is an exceedingly good omen for the government,” Rossi said. “The more the jury looks at the documents, the less reliant the government's case is on Rick Gates and other immunized witnesses. If the jury finds from the documents corroboration of Gates' and others' testimony, then that spells extremely bad news and doom for Mr. Manafort.”

https://www.politico.com/story/2018/08/20/manafort-trial-jury-trump-justice-788491