“I don’t really understand what is left of your case,” U.S. District Court Judge Amy Berman Jackson said to Kevin Downing, Manafort’s attorney, after peppering him with a lengthy series of questions.
Manafort’s civil lawsuit relies on an arcane law called the Administrative Procedure Act, which spells out the process federal agencies must follow when writing regulations. The suit alleges that Rosenstein’s order laying out Mueller’s investigative mandate violates Justice Department rules because it is overly broad and therefore “arbitrary and capricious.”
Legal experts from the start have said Manafort’s civil lawsuit faced an uphill battle.
The Justice Department’s regulations explicitly say that private parties have no right to challenge them in court. Judges in prior cases also have generally not permitted defendants in criminal cases like Manafort to use civil litigation to try to challenge criminal charges.
Nothing like wasting your client's money.