San Francisco Chronicle

⏩ Manafort case:

- By Michael R. Sisak Michael R. Sisak is an Associated Press writer.

Judges tosses N.Y. fraud charges against imprisoned former Trump campaign manager, ruling they amount to double jeopardy.

NEW YORK — A New York judge threw out state mortgage fraud charges against Paul Manafort, ruling Wednesday that the criminal case was too similar to one that has already landed President Trump’s former campaign chairman in federal prison.

The ruling was a blow to what had widely been seen as an attempt by Manhattan’s district attorney, a Democrat, to hedge against the possibilit­y that Trump would pardon Manafort for federal crimes. District Attorney Cyrus Vance Jr.’s office said it would appeal.

Manafort was convicted last year in two federal cases stemming from his business dealings and is serving a 7½ year prison sentence.

Judge Maxwell Wiley ruled that state law precludes prosecutio­n, citing double jeopardy grounds. Manafort, 70, wasn’t in court for the ruling because of a health problem.

Defense lawyer Todd Blanche raised the double jeopardy issue soon after Manafort was arrested, saying that the charges brought by Vance violated a state law that bars repeat prosecutio­ns for the same general conduct. He wrote in court papers seeking a dismissal that the factual overlap between the federal and state cases “is extensive — if not total.”

“This indictment should never have been brought, and today’s decision is a stark reminder that the law and justice should always prevail over politicall­y motivated actions,” Blanche said in a written statement.

Manafort didn’t attend because of a heartrelat­ed condition that caused him to be moved last week to a hospital from a federal prison in Pennsylvan­ia, two people familiar with the matter said on Tuesday. They were not permitted to discuss the matter publicly and spoke on condition of anonymity.

Manafort was convicted in federal court on charges alleging he misled the U.S. government about lucrative foreign lobbying work, hid millions of dollars from tax authoritie­s and encouraged witnesses to lie on his behalf.

In May, New York lawmakers passed a bill to ease the state’s double jeopardy protection­s and ensure that state prosecutor­s could pursue charges against anyone granted a presidenti­al pardon for similar federal crimes. Democratic Gov. Andrew Cuomo signed the legislatio­n into law in October.

The president can pardon federal crimes, but not state offenses.

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