Special counsel ready to dismiss counts against Paul Manafort

Prosecutors say they are ready to move ahead with Paul Manafort’s sentencing in Alexandria, Virginia, federal court and would dismiss several outstanding charges against him if told to by Judge T.S. Ellis III.

But the special counsel investigating Russian interference in the 2016 election would like to reserve the right to prosecute Manafort for those crimes again.

The president’s former campaign chairman was found guilty this summer on eight bank and tax fraud charges, but a jury deadlocked on 10 others. He went on to plead guilty to related crimes in Washington, D.C., and prosecutors agreed to drop the remaining Virginia counts after Manafort is done cooperating with the special counsel or sentenced — whichever came later.

Last week Ellis threw a wrench in that deal, calling it “highly unusual” to delay a decision on retrying Manafort and saying sentencing must happen within a few months of a conviction. The special counsel, he said, must either drop the charges or retry Manafort now. If they aren’t ready to give him credit for cooperation at sentencing, he said, they can file a motion to reduce the punishment after Manafort begins serving his time.

In a filing Wednesday morning, Assistant U.S. Attorney Uzo Asonye said the special counsel has found no precedent requiring an immediate decision. Other courts, he noted, will delay sentencing until cooperation is over so a judge can evaluate the “full scope” of a case at once.

But, Asonye said, the government and Manafort’s lawyers don’t object to scheduling sentencing now. And if Ellis insists the special counsel make a decision on the remaining counts now, prosecutors are ready to dismiss them without prejudice, meaning Manafort could be charged again.

A hearing on the issue and to set a sentencing date is set for Friday at 1:15 p.m.