Trump's legal team thinks unlikely developments in Paul Manafort's case could flip Mueller's investigation on its head
- A federal judge in Virginia could dismiss one of the special counsel Robert Mueller's indictments against former Trump campaign chairman Paul Manafort.
- If that happens, President Donald Trump's lawyers are considering using the decision to make the case that the Russia investigation as a whole is illegitimate.
- Trump's lawyers are particularly interested in US District Judge T.S. Ellis III's suggestion last week that prosecutors charged Manafort to get him to flip against Trump.
- A source with direct knowledge of the legal team's thinking said Trump's lawyers are keen on seeing "how true" and "how real" that assertion is to help them determine "the good faith of the special counsel and ultimately the legitimacy of the investigation."
A federal judge in Virginia is currently weighing whether to dismiss the special counsel Robert Mueller's criminal case against Paul Manafort, the former chairman of President Donald Trump's campaign. If he tosses out the case, Trump's lawyers are considering using the decision to cast the Russia investigation as a whole as illegitimate, according to two sources with direct knowledge of the legal team's thought process.
Manafort is currently the subject of two indictments from Mueller's office. One, brought in Virginia, charges him with tax and bank fraud connected to his lobbying work for the Ukrainian government and pro-Russian interests in Ukraine.
While the Virginia indictment against Manafort does not relate directly to Trump, one person said the president's lawyers are particularly interested in US District Judge T.S. Ellis III's suggestion last week that prosecutors brought charges against Manafort to pressure him to flip against Trump.
Trump's lawyers view the judge's comments as "very damaging" to Mueller's argument and as the primary factor that will help the legal team determine "whether or not the special counsel's investigation is legitimate," said this person, who requested anonymity so as to not get ahead of legal proceedings.
Manafort's lawyers' push for the case's dismissal hinges on the argument that the crimes do not directly relate to Mueller's core mandate - investigating whether members of the Trump campaign colluded with Moscow - so he was not authorized to charge Manafort with them.
At the center of the debate is a memo Deputy Attorney General Rod Rosenstein sent to Mueller three months after appointing him.
According to a redacted copy of the memo released last month, Rosenstein authorized Mueller to investigate Manafort's contacts with Russian officials during the campaign, as well as whether he committed any crimes "arising out of payments he received from the Ukrainian government before and during the tenure of President Viktor Yanukovych."
Ellis ordered Mueller's team last week to turn over an unredacted copy of the memo so he can determine whether the special counsel was authorized to indict Manafort in the Virginia case. Business Insider previously reported that Trump's lawyers are "anxious" for Ellis's final decision on the matter.
The president has long cast doubt on the merits of the Russia investigation, calling the probe a "witch hunt" and a "hoax."
How the Manafort ruling could apply to Trump's case
If Ellis determines that Mueller was not properly authorized to charge Manafort in the Virginia case, Trump's lawyers also plan to dig into whether the decision covers Trump with respect to his status in the Russia probe, according to one person with direct knowledge of the Trump team's thought process.
Trump is currently the focal point of an obstruction-of-justice case Mueller has been building since last May, shortly after the president fired FBI Director James Comey.
Trump suggested to NBC's Lester Holt that "this Russia thing" was a factor in his decision.
The special counsel is also probing Trump's role in crafting an initially misleading statement his son, Donald Trump Jr., released following reports that about a Trump Tower meeting with two Russian lobbyists offering dirt on Democratic nominee Hillary Clinton.
And Mueller is interested in gauging whether Trump played any role in the Russia-backed campaign to hack into the Democratic National Committee and disseminate stolen materials leading up to the 2016 election.
But Ellis pulled few punches last week when he grilled Mueller's team about whether they were targeting Manafort to gain leverage over the president.
"I don't see what relation this indictment has with what the special counsel is authorized to investigate," Ellis told prosecutors. "You don't really care about Mr. Manafort's bank fraud. ... What you really care about is what information Mr. Manafort could give you that would reflect on Mr. Trump or lead to his prosecution or impeachment."
Ellis later quipped: "The vernacular is 'to sing.'"
Ellis was appointed to the court by former President Ronald Reagan, and legal experts said that while it is common for longtime judges to express their opinions more freely, it is unlikely Ellis will ultimately use prosecutors' motives as the basis to dismiss the Manafort case.