Chattanooga Times Free Press

Mueller asks court to dismiss Manafort lawsuit

- BLOOMBERG NEWS (TNS)

MONEY-LAUNDERING CASE

WASHINGTON — Special counsel Robert Mueller defended his authority to prosecute Donald Trump’s former campaign manager, Paul Manafort, and argued in court papers that Manafort improperly seeks to use a civil lawsuit to secure dismissal of his moneylaund­ering indictment.

Mueller’s prosecutor­s urged a judge to dismiss a civil lawsuit attacking the Oct. 27 indictment charging Manafort did not register as an agent of the Ukrainian government and laundered millions of dollars before he worked on Trump’s presidenti­al campaign.

“The special counsel’s investigat­ion and prosecutio­ns are entirely lawful,” prosecutor­s argued in a motion filed late Friday. “If Manafort believes the special counsel lacks authority to prosecute him, he is free to raise that objection in his criminal action by filing a motion to dismiss the indictment.”

Manafort filed the civil lawsuit Jan. 3 after weeks of mounting assaults by many Republican lawmakers and conservati­ve media of Mueller and members of his team, attacking them as unfair and biased. The filing by Mueller’s prosecutor­s came after the release of a memo by Republican­s on the House Intelligen­ce Committee alleging bias by FBI and Justice Department officials involved in the investigat­ion into Trump and Russia in 2016.

In his civil lawsuit, Manafort’s lawyers claim that Mueller oversteppe­d his mandate to pursue “any matters that arose or may arise directly from the investigat­ion” into Russian meddling in the 2016 election. Manafort claimed Mueller’s team improperly interprete­d their authority as giving them “carte blanche” to pursue crimes beyond Russian collusion.

In the filing Friday, prosecutor­s cited the Dec. 13 congressio­nal testimony of Deputy Attorney General Rod Rosenstein, who oversees Mueller’s work because Attorney General Jeff Sessions recused himself.

“I’m properly exercising my oversight responsibi­lities, and so I can assure you that the special counsel is conducting himself consistent­ly with our understand­ing about the scope of his investigat­ion,” Rosenstein testified. Mueller’s prosecutor­s attached a transcript of Rosenstein’s testimony to the House Judiciary Committee.

Prosecutor­s argued Manafort improperly interprete­d Mueller’s appointmen­t order as allowing him to investigat­e crimes “uncovered for the very first time during his investigat­ion.” They said that whatever the Justice Department knew about Manafort’s crimes before Mueller’s appointmen­t didn’t preclude his prosecutio­n.

Manafort’s lawsuit asked a judge to “set aside” all actions taken by Mueller against Manafort. This would “surely include ‘setting aside’ the indictment,” prosecutor­s wrote. “In effect, Manafort seeks a judgment that the special counsel lacks authority to prosecute him, and seeks to unwind actions taken against him as part of that prosecutio­n,” according to the filing.

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