No meandering permitted by Manafort trial judge
WASHINGTON — “I’m not in the theatre business,” Judge T.S. Ellis said during jury-selection discussions in Paul Manafort’s financial fraud trial. “You have to be better-looking for that.” Objection, Your Honour.
The trial of President Donald Trump’s former campaign chair has plenty of drama, and it’s coming from the judge.
Easily exasperated, and with a sharp wit, the U.S. district judge called out attorneys for both sides last week when he heard they’d been rolling their eyes, apparently at him. The judge judged their expressions to mean, “Why do we have to put up with this idiot judge?”
Privately, lawyers who have appeared before him say Thomas Selby Ellis III likes to be seen as the smartest person in the courtroom, not a huge leap for a judge. With his Princeton-HarvardOxford education and experience spanning consequential cases in an era of war and terrorism — John (American Taliban) Walker Lindh’s among them — Ellis is known to cut lawyers down to size.
That’s what happened when Justice Department attorney Michael Dreeben, a legend in legal circles, appeared at a pretrial hearing in the Manafort case. As soon as Dreeben began making his arguments for the prosecution, Ellis cut in — “Would you spell your name for the record?” That’s not a question he asks others appearing in his Washington-area Eastern District of Virginia court.
In the Manafort trial, Ellis, 78, is trying to keep a handle on a case that centres on the Trump associate’s consulting work for wealthy Ukrainian clients and whether he fraudulently hid millions from banks and the IRS. It stems from special counsel Robert Mueller’s probe into Russia’s interference in the 2016 election and any collusion between Russians and the Trump campaign. It’s not about Trump or Russia, but what matters is the elephant in the room.
In the pretrial hearing where Dreeben’s presence made waves, Ellis supposed that the Manafort case was really about the government trying to make the defendant “sing” on Russia and the Trump campaign. Prosecutors “don’t really care” about Manafort, he said, but instead care about getting information from him to go after Trump.
That delighted the president, who called the judge “really something very special” in an NRA speech in May.
But now, noting Manafort was kept in solitary confinement after his bail was revoked, he’s suggested the justice system might be treating Manafort more harshly than it did Al Capone, the legendary mob boss who went crazy in Alcatraz.
An immigrant from Bogota, Colombia, Ellis came to the bench in 1987, nominated by president Ronald Reagan after an early career as a navy aviator in the 1960s and a lawyer in private practice in the 1970s.
He’s welcomed new generations of immigrants as the presiding judge at naturalization ceremonies, addressing Spanishspeakers among them in his and their native language; his eyes have been known to grow moist in these proceedings. Long-ago associates nicknamed him Taz for his swirling Tasmanian Devil drive in law practice.
In 2002, Ellis sentenced Lindh to 20 years in prison without parole in a plea deal for the American who fought with the Taliban, telling him, “You made a bad choice.”
In 2009, he dismissed lawsuits filed by alleged Iraqi victims of the contractor once known as Blackwater USA, ruling that a culture of lawlessness is not enough to sustain an allegation of war crimes under the federal law. But he allowed most of the plaintiffs to refile their lawsuits if they had a persuasive case that Blackwater employees engaged in intentional killings and beatings. The ruling essentially pleased both sides.
In the Manafort trial, Ellis has shown impatience with meandering arguments from either side while being tougher on the prosecution out of the gate.
When prosecutors addressed Manafort’s relationship with Ukrainian “oligarchs,” he told them to knock it off. Prosecutors are inferring that Manafort associates himself with “despicable people and therefore he’s despicable,” he said. “That’s not the American way.”