Judge Tells Jury 'Put Aside' His Criticism of Manafort Trial Prosecutors

[demmiblue]

Source: TPM

ALEXANDRIA, VA — After being chastised repeatedly by U.S. District Judge T.S. Ellis in front of the jury during Paul Manafort’s ongoing trial in Virginia, the prosecutors arguing the case appear to have had enough. On Thursday, they filed a court filing taking issue with Ellis’s outburst over a government witness who had watched the full trial before being called to the stand.

Ellis told the jury Thursday morning to “put aside any criticism” of the prosecutors. “I sometimes make mistakes,” Ellis said.

The prosecutors had asked Ellis on July 31 to permit the presence of the expert witness, IRS tax expert Michael Welch, in the courtroom for the proceedings. Thursday’s filing includes an excerpt of the transcript with Ellis explicitly granting the request and even asking the name of the expert.

On Wednesday when the government called Welch and asked him if he had heard previous witnesses testimony, Ellis blew up at prosecutor Uzo Asonye.

Read more: https://talkingpointsmemo.com/muckraker/judge-tells-jury-put-aside-his-criticism-of-manafort-trial-prosecutors

[riversedge]

1. the feds may be a case for a mistrial.

[TheBlackAdder]

45. On Rachel, an attorney who's been in front of that judge says he's been that way for 30 years.

He does it to make better attorney's out of them, and every one who has bee in front of that judge praises him for it later on.

[pennylane100]

48. I saw that interview.

I thought the attorney went very far out of his way to kiss that judges ass, as he knew he would possibly have to appear before in his court in the future.

[central scrutinizer]

59. Yes! The Feds fucked up the Malheur trial

And the Bundys and other assholes walked

[klook]

2. I'm glad the prosecutors are pushing back on this judge.

By all accounts, he's an asshole. A smart asshole, but an asshole nonetheless. And his continued haranguing of the prosecutors can bias the jury.

[ChiTownDenny]

22. + 1

[spooky3]

35. Ditto nt

[JDC]

3. This Judge sounds seriously aweful

[GusBob]

4. The more I hear about this judge, the less I like

He lack of temperament indicates lack of judgement

[jcgoldie]

5. What is wrong with this guy?

The behavior seems very erratic... 78 years old maybe time to head out to pasture...

[Cryptoad]

7. He's a Trumpster,,,,,,,

[woundedkarma]

10. Doubt it

Someone who's had 8 cases before him was on Maddow last night. He said he's always like this. You want to believe it's rigged cause everything is right now but I'd need more than the judge being a little unfair to believe that in this case.

[SayItLoud]

26. Yeah but

The attnys see and deal with him on regular basis so know about his style, juries see him one and done and can be influenced by his style.

[MosheFeingold]

18. Nah

He's a judge with a lifetime appointment and a bad temper.

Many end up like this. Probably most.

It's a good example of needing to amend the Constitution to make judgeships 20 year appointments, not life.

[olegramps]

23. I have argued this many times. Their should be NO lifetime appointments.

[at140]

27. Agree with you...

In fact no one should serve in the government over 20 years,
including congress people, bureaucrats, justices on supreme court, and all other judges.

[obamanut2012]

17. He is Lance Ito Mark II

[MosheFeingold]

19. Ito was weak

This guy is too strong.

[pazzyanne]

24. My question is how does Sessions figure into this?

Is Sessions pulling strings somehow? Seems to me I heard this judge wants to get this trial finished ASAP. Who else has that agenda? Not trying to start a new conspiracy, just questions I have about this based on things we know about the tRump administration.

[CincyDem]

51. He's been on this court for a long time and it's called the "rocket docket" for a reason.

Every judge in the district wants to move chit through ASAP. Was that way well before sessions and whats-his-name so I don't think there's anything behind it from a conspiracy point of view.

[pazzyanne]

58. Thanks, CincyDem.

I feel better now. I find I am developing a very suspicious attitude toward all things tRump.

[emulatorloo]

6. The damage has already been done.

[sprinkleeninow]

11. Right? "Please un-hear and do not remember any of the influencing

words of my unnecessary outbursts."

💙🇺🇸🌊

[Squinch]

41. So I have no knowledge other than what we have all read about it, but I think this particular

incident might work in the prosecution's favor.

The jury has watched this guy reaming the prosecution all over the place. If they were present for the request to have this witness in court, and then saw the judge yelling again at the prosecutors for having him in court, maybe that will make the jury question the judge's judgment.

Again, though, for all I know all that took place out of the presence of the jury, and all they've seen is the yelling at the prosecutors.

[DURHAM D]

8. Someone needs to give him a giant bottle of Prevagen. nt

[dchill]

29. And an enema.

[BumRushDaShow]

9. The prosecutors could probably have grounds for an automatic appeal

depending on the verdict because of that judge's behavior.

He must have caught all sorts of hell from colleagues. Certainly the media has been talking about it almost non-stop. It's one thing show-boating like a Judge Judy if the trial was being broadcast publicly and another thing when the trial isn't being broadcast... yet what he has been doing was so bad that it bubbled out to the legal commentators and was pretty much overtaking the subject matter of the trial itself.

[madaboutharry]

12. The prosecution does not have the right to appeal.

Only the defendant in a criminal trial has the right of appeal. The government can not appeal. An acquittal is permanent. It is in The Constitution.

[BumRushDaShow]

16. Double-Jeopardy. Got it!

[LiberalArkie]

20. I doubt that the prosecution will present all their evidence in this trial.

I think they might might try again if they loose with the unpresented evidence.

[leftynyc]

32. Then they'll need different charges

Otherwise 5th amendment protects you from double jeopardy.

[LiberalArkie]

40. Hell tax evasion, money laundering etc...

I think of how many times they tried Al Capone before they got him. There is always something as long as they don't use all their evidence.

[sprinkleeninow]

14. What you wrote. The trial is heading off the rails. This is

shameful, but, in this bizarro environment, it is hardly surprising.
💙🇺🇸🌊

[BumRushDaShow]

21. Double Jeopardy would preclude that from the prosecutors, although a motion for a mistrial

might be possible!

[sprinkleeninow]

56. Incoming--»

[thbobby]

36. A hung jury is much more plausable

than an acquittal. With a hung jury, perhaps an argument could be made against this judge.

[BumRushDaShow]

39. Or a mistrial per post #1

I.e., based on judicial misconduct.

[justie18]

43. Double Jeopardy

The prosecution does not have a chance for an appeal because of double jeopardy.

[BumRushDaShow]

49. Yes I posted that in post #16

https://www.democraticunderground.com/?com=view_post&forum=1014&pid=2130028

But left it up as an error so others can see the responses to that and how it can't happen due to 5th amendment -

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

https://www.law.cornell.edu/constitution/fifth_amendment

[R Merm]

52. Just a fyi, Judge Judy acted the same way when she was a NY Family Court Judge

[BumRushDaShow]

54. I expect civil courts have some colorful judges

I have had relatives who were judges and/or worked in the courts.

But as a federal judge hearing a criminal case, there is a bigger issue because we are talking "beyond a reasonable doubt" (criminal) vs "preponderance of the evidence" (civil), and judges inserting themselves into the process to defacto "sow doubt" is not cool.

[malthaussen]

13. Don't you hate it when a judge shows no judgement...

... well, they were gonna appeal, anyway. This is starting to smell like mistrial territory.

-- Mal

[bucolic_frolic]

15. Sounds like both sides will have ample basis for appeal

Keeps the courts busy, and pays their salaries

[Toorich]

25. Never forget...

...." It is better 100 guilty persons should escape than that one innocent person should suffer." - B. Franklin - Founding Father

But also never forget, " First we give him a fair trial, then we hang him." - Judge Roy Bean-Law west of the Pecos

[still_one]

28. The judge should be removed from the bench because of this bullshit, and a new trial with a new jury

selected.

This is an outrage

[still_one]

30. This was done because Mueller's team asked the judge to tell jury he was "out of line" for bias

against prosecutors


https://www.rawstory.com/2018/08/muellers-team-asks-manafort-judge-tell-jury-line-bias-prosecutors-report/

[elmac]

31. so they get stuck

with a rightwing nutjob fascist pig judge, that sucks.

[redstateblues]

33. My ex wife attorney said they call it "black robe fever"

[Historic NY]

34. You can't "commit perjury" if you tell the "truth".

Rudy admits his client is a serial liar. I've testified in numerous trials in local-state-federal courts. The truth will set you free.

[VaBchTgerLily]

37. Sounds like this judge is biased and tainted-He should recuse hisself...

or the prosecution should file a complaint to get another judge

[Equinox Moon]

38. This judge was appointed by Reagan. He is 78 years old.

I wonder if it is time for him to step down? Dementia symptoms can include inappropriate outbursts.

Radio show, Norman Goldman, covered this topic of the judge having clear bias and how problematic that is. Usually, judges lean toward the prosecution, but clearly not in this case. I look forward to hearing what Norm has to say tonight about these new developments.

[roscoeroscoe]

42. My limited experience

Is that a judge may be a hard ass so as seem unbiased

[Zoonart]

44. Exactly...

heard one legal specialist posit that the judge is behaving this way towards the prosecution so that the defense has no grounds for appeal based upon judicial bias.

[SunSeeker]

46. Ellis is a disgrace. He should retire. nt

[Paladin]

47. Good. (nt)

[More_Cowbell]

50. The judge didn't read the transcript filed this morning

"On Thursday morning Ellis said he had not read the transcript filed this morning but was “satisfied that I could well have been wrong about that.”

If he'd read the transcript, he would have *known* he was wrong.

https://www.courthousenews.com/airbnb-exec-on-deck-for-manafort-fraud-trial/

[Nitram]

53. This judge is an asshole.

We're lucky he overstepped the bounds because now he has told the jury that he makes mistakes.

[sprinkleeninow]

57. Teeahhahahyuhyuh. IOW, 😝 (D'oh, judge.)

[Marcuse]

55. Judge Ellis has shown bias since before the trial even started.

https://www.nbcnews.com/news/us-news/federal-judge-manafort-case-skeptical-scope-mueller-investigation-n871401

“But what stood out in the court proceedings Friday is when the judge, T.S. Ellis, a Reagan-appointee, hammered the special counsel’s office on the idea that the charges against Manafort have nothing to do with Russian election interference.

Ellis said that he believes the special counsel is only interested in Manafort to squeeze him for information “that would reflect on Mr. Trump or lead to his impeachment.””