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Paul Manafort asks judge to investigate leaks after Mueller questions revealed

  • Trump’s ex-campaign chairman blames ‘government officials’
  • Leak suggests special counsel asked about Manafort-Russia links

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Powered by Guardian.co.ukThis article titled “Paul Manafort asks judge to investigate leaks after Mueller questions revealed” was written by Jon Swaine, for theguardian.com on Tuesday 1st May 2018 16.00 UTC

Donald Trump’s former campaign chairman Paul Manafort has asked a judge to investigate leaks about his case, after a list of questions that Trump could face from prosecutors, published by the New York Times, indicated that authorities may have new information linking Manafort to Russia.

Attorneys for Manafort complained in a court filing on Monday evening that “numerous unidentified government officials” had prejudiced his case by leaking information about the inquiry by special counsel Robert Mueller, who has charged Manafort with several crimes.

“Such leaks impugn the character of the individual under investigation and substantially undermine a fundamental principle of our judicial system; ie, the right of the defendant to have the case determined by an impartial jury on the facts,” said the filing to a federal court in Virginia, where Manafort is charged with bank fraud and filing false tax returns.

Manafort has denied any wrongdoing.

As Manafort’s lawyers filed their request, the New York Times published the leaked questions. One question relating to Manafort stood out as a potential indicator of information not yet publicly known.

It asked: “What knowledge did you have of any outreach by your campaign, including by Paul Manafort, to Russia about potential assistance to the campaign?”

Most of the questions appeared to focus on whether Trump obstructed justice by interfering with the Russia investigation.

No direct contact between Manafort and Russian government officials has been alleged in court documents filed so far by Mueller’s team. They have accused Manafort of failing to register as an agent for the then pro-Russian government of Ukraine. Manafort’s former business partner, Richard Gates, is cooperating with investigators.

The Times reported that the questions had been read by Mueller’s investigators to the president’s lawyers, who compiled them into a list.

“That document was provided to the Times by a person outside Mr Trump’s legal team,” it said.

John Dean, a White House counsel to Richard Nixon who was jailed for his part in the Watergate scandal, said the leak could itself amount to an “act of obstruction”, by alerting others to what Mueller was investigating.

Dean told CNN late on Monday a Trump ally may have leaked the questions “to try to somehow disrupt the flow of information, the tipping off of witnesses in advance to what the question was going to be”.

Ryan Goodman, a law professor at New York University and former special counsel at the defense department, described the Manafort question as the “most interesting” on the leaked list and pointed to a CNN report from August 2017 for possible context.

That report said US intelligence agencies had intercepted communications in which suspected Russian spies discussed their efforts to work with Manafort in an attempt to damage Hillary Clinton’s election campaign.

“The suspected operatives relayed what they claimed were conversations with Manafort, encouraging help from the Russians,” CNN reported, citing unidentified US officials.

Matthew Miller, a former top justice department spokesman, told the Guardian the Manafort question contained the “only new piece of possible evidence” but cautioned that even this might be attributable to an error such as faulty transcription by someone on Trump’s team.

Miller said Trump should not take comfort from the lack of previously undisclosed information in the remaining questions on Mueller’s list.

“The president would be making a huge mistake if he thought these were the only questions he would be asked,” said Miller. “He should be ready to talk about anything. It’s not an ambush to ask you to tell the truth.

“These are broad subject areas that would be followed up with very specific questions based on the evidence Mueller has gathered.”

At Tuesday’s White House briefing, press secretary Sarah Sanders repeatedly declined to comment on the leaked questions. “As with all questions of this nature, I would refer you to the president’s outside personal attorneys, Jay Sekulow and Rudy Giuliani,” she said.

Asked if the White House was concerned that Democratic congressman Adam Schiff said most of the questions point to obstruction of justice, Sanders shot back: “We here at the White House try never to be concerned with anything dealing Adam Schiff.”

Additional reporting by David Smith in Washington

guardian.co.uk © Guardian News & Media Limited 2010

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Abortion

US Supreme Court Upholds Abortion Clinic Protest Zone Limits In Chicago, Harrisburg, Pennsylvania

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WASHINGTON (Reuters) – The U.S. Supreme Court on Thursday left in place policies in Chicago and Pennsylvania’s capital Harrisburg that place limits on anti-abortion activists gathered outside abortion clinics.

The justices declined to hear two appeals by anti-abortion groups and individual activists of lower court rulings upholding the cities’ ordinances.

The Chicago policy bars activists from coming within eight feet (2.4 meters) of someone within 50 feet (15 meters) of any healthcare facility without their consent if they intend to protest, offer counseling or hand out leaflets. The Harrisburg measure bars people from congregating or demonstrating within 20 feet (6 meters) of a healthcare facility’s entrance or exit.

Both cases pitted the free speech rights of anti-abortion protesters against public safety concerns raised by women’s healthcare providers regarding demonstrations outside clinics. There is a history of violent acts committed against abortion providers.

At issue before the Supreme Court was whether the ordinances violate free speech rights protected by the U.S. Constitution’s First Amendment.

The Chicago-based 7th U.S. Circuit Court of Appeals last year upheld the Chicago ordinance, which was introduced in 2009. The Philadelphia-based 3rd U.S. Circuit Court of Appeals ruled in favor of Harrisburg in 2019. That measure was enacted in response to disruptions by protesters outside two abortion clinics in the city.

The cases did not directly implicate abortion rights. In a major ruling on Monday, the struck down a Louisiana law placing restrictions on doctors that perform abortions.

Also on Thursday, the court directed a lower court to reconsider the legality of two Indiana abortion restrictions – one that would require women to undergo an ultrasound procedure at least 18 hours before terminating a pregnancy and another that would expand parental notification when a minor seeks an abortion. The lower court had struck down both measures.

Abortion remains a divisive issue in the United States. The Supreme Court in its landmark 1973 Roe v. Wade ruling legalized abortion nationwide, finding that women have a constitutional right to the procedure. In recent years, numerous Republican-governed states have sought to impose a series of restrictions on abortion.

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Federal Judge Reverses Trump Asylum Policy Due To Government Failing To Abide By Administrative Procedure Act

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(Law & Crime) — A federal judge appointed by President Donald Trump on Tuesday evening overturned the Trump Administration’s second and most restrictive asylum policy, all because the government failed to abide by the Administrative Procedure Act (APA), the judge reasoned.

In a 52-page opinion, U.S. District Judge Timothy Kelly of Washington, D.C. held that in enacting the rule, which required immigrants to seek asylum in any country they passed through before they could claim asylum in the U.S., the Trump administration “unlawfully dispensed” with mandatory procedural requirements allowing the public to weigh in on proposed rule changes.

Kelly, who was appointed to the court in 2017, rejected the Trump administration’s assertion that the asylum rule fell within exceptions to the APA permitting the government to disregard the notice-and-comment requirement if there’s “good cause” such commentary is unnecessary or if the rule involves a military or foreign affairs function.

“[The court] also holds that Defendants unlawfully promulgated the rule without complying with the APA’s notice-and-comment requirements, because neither the ‘good cause’ nor the ‘foreign affairs function’ exceptions are satisfied on the record here,” Kelly wrote. “Despite their potentially broad sweep, the D.C. Circuit has instructed that these exceptions must be ‘narrowly construed’ and ‘reluctantly countenanced.’ The Circuit has also emphasized that the broader a rule’s reach, ‘the greater the necessity for public comment.’ With these baseline principles in mind, the Court considers whether either the good cause or foreign affairs function exception applies here. Neither does.”

According to Kelly, the Immigration and Nationality Act (INA) generally allows any person physically in the U.S. seeking refuge to apply for asylum — with some exceptions for immigrants who have committed certain crimes or who had previously been “firmly resettled” prior to arriving in the U.S.

“The Court reiterates that there are many circumstances in which courts appropriately defer to the national security judgments of the Executive. But determining the scope of an APA exception is not one of them,” Kelly wrote. “As noted above, if engaging in notice-and-comment rulemaking before implementing the rule would have harmed ongoing international negotiations, Defendants could have argued that these effects gave them good cause to forgo these procedures. And they could have provided an adequate factual record to support those predictive judgments to which the Court could defer. But they did not do so.”

Claudia Cubas, the Litigation Director at CAIR Coalition, one of the plaintiffs in the lawsuit, praised the decision as removing an “unjust barrier to protection” for those in need.

“By striking down this rule, Judge Kelly reaffirmed two fundamental principles. The protection of asylum seekers fleeing for safety is intertwined with our national values and that the United States is a country where the rule of law cannot be tossed aside for political whims,” Cubas said.

Read the full opinion below:

Asylum Ban Decision by Law&Crime on Scribd

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US Supreme Court Rules Public Funds Allowed For Religious Schools In State Tax Credit Program

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USA Today writes:

The Supreme Court delivered a major victory Tuesday to parents seeking state aid for their children’s religious school education. The court’s conservative majority ruled that states offering scholarships to students in private schools cannot exclude religious schools from such programs.

The decision was written by Chief Justice John Roberts, who has joined the liberal justices in three other major rulings this month. It was a decision long sought by proponents of school choice and vehemently opposed by teachers’ unions, who fear it could drain needed tax dollars from struggling public schools.

Read the US Supreme Court ruling here or below.

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