Wednesday, August 1, 2018

How's that Manafort trial coming along?

Judge T.S. Ellis III said that while he hasn’t seen it himself, he’s been told that lawyers on both sides have “rolled their eyes” after leaving bench conferences.

The implication, he said, is, “‘Why do we have to put up with this idiot judge?'”

“Don’t do that,” he told the lawyers. “It’s inappropriate.”

He said that if he had seen it himself, “I might be a little upset,” but that his eyes are not what they were 40, 50 or 60 years ago. Ellis is 78 years old.

“Rein in your facial expressions,” he concluded.

  WaPo live-blogging
I understand he's chastised the prosecutor for references to Manafort's lavish lifestyle, indicating that it's not a crime to be rich. Together with Trump's tweets, if the jury sees them, this apparent animosity could influence their decision.
As the second day of Manafort's trial got underway Wednesday, U.S. District Court Judge T.S. Ellis III indicated he was worried that referring to the businessmen who funded Manafort's political work in Ukraine as "oligarchs" had the tendency to suggest that the defendant was engaged in shady and unsavory work.

[...]

Prosecutors used the term repeatedly in opening statements Tuesday, saying that a number of Ukrainian oligarchs paid a total of more than $60 million to back Manafort's work in Ukraine on behalf of President Viktor Yanukovuch and his Party of Regions.

[...]

"We're not going to have a case tried that he associated with despicable people and, therefore, he's despicable," the judge declared during an exchange before jurors were brought into the courtroom. "That's not the American way."

  Politico
It's not?
As prosecutor Uzo Asonye was questioning an FBI agent about a 2013 document Gates wrote relating to several tax issues, the judge asked why the government was having the agent discuss the contents of the memo rather than questioning the apparent author when he takes the stand.

"You're going to offer Mr. Gates, aren't you?" Ellis asked, clearly trying to move the tedious questioning along.

"He may testify in this case, your honor, he may not," Asonye said.

The statement prompted more than a dozen reporters to leave their seats in the gallery and head for the door.

"That was news to me and, obviously about 27" others in the courtroom, the judge said to laughter from various quarters including some jury members.

Asonye quickly backpedaled, insisting he was simply observing that the prosecution constantly assesses its case to decide how to proceed.

"As the evidence comes in, we constantly evaluate whether or not" to call a witness, the prosecutor said. "That applies to every witness, not only Mr. Gates."

Ellis wasn't buying it. "The fact of the matter is you know who you are going to call," the judge shot back. "If you are going to call Mr. Gates, this is a waste of time."

[...]

Ellis limited prosecutors further during Rabin's appearance, balking at efforts to introduce three photos showing Manafort with Yanukovych. The judge agreed to allow only one into evidence, suggesting that he didn't want too much evidence showing how Manafort rubbed shoulders with the very powerful.

While the judge allowed one of the photos to be admitted, when Andres asked to actually show it to the jury, the judge said tersely: "No." So Andres moved on.

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