Politico - Manafort Trial Day 8
Pushback from Prosecution
Manafort trial Day 8: Mueller team complains about scolding from judge
Prosecutors say a back and forth over an expert witness in front of the jury could have left a negative impression in their minds.
Prosecutors frustrated by repeated slapdowns from the judge at Paul Manafortâs trial made a formal written protest Thursday, complaining they were unfairly called out in front of the jury.
U.S. District Court Judge T.S. Ellis sharply dressed down prosecutors on special counsel Robert Muellerâs team Wednesday for allowing an expert witness from the Internal Revenue Service to remain in the courtroom while other witnesses were testifying. Typically, witnesses arenât supposed to hear anyone elseâs testimony in a trial so they donât influence each other.
In a written motion filed before court convened Thursday, Muellerâs team asked the judge to explain to the jury that the prosecution had done nothing wrong. Indeed, a transcript of the first day of the trial last week shows that prosecutor Uzo Asonye specifically asked that witnesses be excluded âwith the exception of our expert and our [FBI] case agent.â The judge and the prosecutor went on to discuss Michael Welch by name and his expertise. And the judge unmistakably approved the exception.
âThe Court mistakenly faulted the government for permitting IRS revenue agent Michael Welch, the governmentâs expert witness, to remain in the courtroom during the proceedings, when in fact on the first day of trial the Court had expressly granted the governmentâs motion to do so,â prosecutors complained in their motion. "The Courtâs reprimand of government counsel suggested to the juryâincorrectlyâthat the government had acted improperly and in contravention of Court rules. This prejudice should be cured."
The federal court where Paul Manafortâs trial is taking place is pictured. | AP Photo
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Ellis chastised Asonye in court on Wednesday moments after he called Welch to the stand. âItâs my clear recollectionâŠthat I wasnât admitting experts,â Ellis said. âYou need to ask specifically. Youâre going to go ahead now, Iâm going to permit that, but I want you to remember that.â
Asonye responded that prosecutors would âcheck the transcript,â but it was their belief that they specifically asked for permission to allow expert witnesses like Welch to remain in the courtroom despite the usual prohibition.
âWell, let me be clear: I donât care what the transcript says,â Ellis snapped, before backing down a little. âMaybe I made a mistake. But I want you to remember donât do that again. When I exclude witnesses, I mean everybody. Now, it may be that I didnât make that clear.â
The judgeâs tone suggested he was disturbed by the prosecutorsâ actions, although he eventually declared, "Itâs not a big deal."
In their letter, Muellerâs team said that the judgeâs action left a ânegative impressionâ of them. âThe Courtâs sharp reprimand of government counsel in front of the jury on August 8 wasâŠerroneous. And, while mistakes are a natural part of the trial process, the mistake here prejudiced the government,â Muellerâs team wrote, asking Ellis to tell jurors he was mistaken and the prosecution did nothing wrong.
The judgeâs slap at the prosecution over the expert witness issue was just the latest in a series of rebukes heâs delivered to Muellerâs squad in recent days over topics ranging from body language to excessive informality to efforts to introduce visual imagery of Manafortâs lavish lifestyle. The prickly exchanges have clearly begun to grate on the prosecution team, which has sometimes protested verbally in court, but did not formally lodge a written objection before Thursday.