USA TODAY US Edition

Gates indictment is real threat to Trump

‘Big gulp moment’ for the White House

- Jonathan Turley Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University and a member of USA TODAY’s Board of Contributo­rs.

It’s the Washington version of the Academy Awards. In the midst of the latest high-profile investigat­ion in the Beltway, press and pundits spent the weekend speculatin­g on whose names would be in the indictment envelope delivered by special counsel Robert Mueller. Now we know: former Trump campaign chairman Paul Manafort and his former deputy, Rick Gates.

Manafort was no surprise, but Gates’ selection in the supporting actor category was the most notable aspect.

The indictment­s against the men contain 12 counts that include conspiracy against the United States, conspiracy to launder money, unregister­ed agent of a foreign principal, false and misleading Foreign Agents Registrati­on Act statements, false statements and seven counts of failure to file reports of foreign bank and financial accounts.

The charges move the Russian investigat­ion into a dangerous phase for the White House. The risk is not that the charges present a clear and present danger to President Trump or his inner circle. They focus on transactio­ns unrelated to the campaign. But that is not the point. Such charges are meant to concentrat­e the minds of people such as Manafort and Gates. They could easily result in a decade in jail for the men, ages 68 and 45 respective­ly. For men who have never been charged with a crime, this is the big gulp moment that prosecutor­s hope will get them to consider flipping as cooperativ­e witnesses. One of Mueller’s top aides, Andrew Weissmann, has a reputation for flipping witnesses and stretching the criminal code to pressure targets.

Gates could well seal a case against his former associate if he were to go all in on the prosecutio­n’s narrative. If he could implicate Manafort and potentiall­y others, Gates could well walk with little or no jail time. This is why charging him with Manafort maximized the pressure.

Controvers­ial reputation

For Gates, going to trial with Manafort is a chilling prospect alone. Manafort has long had a controvers­ial reputation in Washington as someone who actively cashed in with shady internatio­nal figures and clients.

I had a friend who warned me that Manafort was not someone I wanted to have dealings with. That is why his choice as the Trump campaign manager (and an effective spokesman) was so surprising. Indeed, a White House source dismissed the indictment on the ground that these were “bad guys” before and they were “bad guys” when they left. Of course, in the middle was a decision to hire both “bad guys.” That is hardly a winning narrative.

The problem for these men is that these charges are already difficult to defend against. They largely deal with the failure to file needed papers or failing to reveal required informatio­n. For jurors, such charges are the easiest to convict on. When you add a narrative of living the high life off money from shady characters such as Ukrainian leader Viktor Yanukovych, the combinatio­n of the technical and the salacious can be fatal.

Even if he were going to cooperate, Manafort might not have much to offer on Trump. He could end up the highestran­king defendant, and prosecutor­s are not likely to trade away charges lightly against such a figure. Manafort has the unfortunat­e status of being the matinee defendant for Mueller at this point. Unless Manafort could bag Trump, he is too much of a prize for Mueller to toss away in exchange for avoiding a trial.

Radioactiv­e codefendan­t

That brings us back to Gates. The prosecutor­s will resist any effort to sever the trials of these two men. Gates will have to answer these charges sitting next to a guy who will be radioactiv­e as a codefendan­t. The only lingering inducement for Gates would be the hope of a pardon.

If there are no charges brought on Russian collusion and Trump is effectivel­y cleared, the president may be tempted to use his pardon authority as he did with the controvers­ial former Arizona sheriff Joe Arpaio. Any such pardon would be equally unwise, but Trump has shown the intestinal fortitude to grant such relief despite the political backlash. That could be enough for Gates to hold firm in a united front with the least optimal codefendan­t.

Manafort and Gates have long enjoyed the status of power brokers in Washington. They are part of the “made men” of the Beltway — people who could get things done with a single call to the right people. These are men who made millions on their relationsh­ips. They are geneticall­y averse to standing alone. As Henry Hill said in the final scene in Goodfellas, you are left “an average nobody” and “get to live the rest of (your) life like a schnook.”

 ??  ?? Rick Gates and Donald Trump at the GOP convention. JACK GRUBER, USA TODAY
Rick Gates and Donald Trump at the GOP convention. JACK GRUBER, USA TODAY

Newspapers in English

Newspapers from United States