Sentencing Memo Paints Manafort as Someone Who ‘Repeatedly and Brazenly’ Broke Law

Federal prosecutors on Saturday portrayed Paul Manafort, President Trump’s former campaign chairman, as a hardened, remorseless criminal who “repeatedly and brazenly” violated a host of laws over more than a decade and did not deserve any breaks when he is sentenced in coming weeks.

The prosecutors’ sentencing memo, filed in one of the most high-profile cases mounted by the office of the special counsel, Robert S. Mueller III, and unsealed on Saturday, painted a damning portrait of Mr. Manafort, 69, a political consultant who led Mr. Trump’s campaign during a critical five-month period in 2016.

The memo involved one of two federal cases against Mr. Manafort. Prosecutors did not recommend a sentence, instead citing sentencing guidelines of up to 22 years for a wide-ranging conspiracy involving obstruction of justice, money laundering, hidden overseas bank accounts and false statements to the Justice Department. But the two charges Mr. Manafort pleaded guilty to in the case carry a maximum sentence of 10 years.

.. Over all, the prosecutors said, Mr. Manafort’s behavior “reflects a hardened adherence to committing crimes and lack of remorse.” Despite his age, they said he “presents a grave risk of recidivism.” They noted that under advisory sentencing guidelines, Mr. Manafort would face a sentence of 17 to 22 years.

.. The prosecutors reached far back into Mr. Manafort’s career in their efforts to portray him as a calculating lawbreaker. They noted that the Justice Department first warned him in 1986 about flouting the lobbying law known as the Foreign Agents Registration Act, or FARA.

At the time, Mr. Manafort was a director of the Overseas Private Investment Corporation under President Ronald Reagan, and he was faced with a choice: “either resign his political appointment” or “cease all his activities on behalf of foreign principals,” according to the filing.

He chose to resign.

But the prosecutors said that “in spite of these clear warnings and the personal ramifications to him for not adhering to the law, Manafort chose to violate the FARA statute and to get others to as well” in his Ukrainian lobbying.

Mr. Mueller’s team also made no recommendation on whether Mr. Manafort’s sentence in the Washington case should run concurrently with his sentence in the Virginia case. After a lengthy trial in Alexandria, Va., in August, a jury convicted Mr. Manafort of eight felonies including tax fraud and bank fraud — crimes prosecutors said Mr. Manafort committed “for no other reason than greed.”

Sentencing guidelines in that case would call for a prison term of 19 to 24 years.

The order of his sentencing dates may work against Mr. Manafort. He is scheduled to be sentenced first for the financial crimes by Judge T. S. Ellis III of the United States District Court for the Eastern District of Virginia in Alexandria, and then by Judge Jackson in Washington.

Some allies of Mr. Manafort had hoped that Judge Ellis would have the last word because he seemed more sympathetic to the defense than Judge Jackson, and he might order the sentences to run concurrently.

 

The Inevitability of Impeachment

Even Republicans may be deciding that the president has become too great a burden to their party or too great a danger to the country.

Whether or not there’s already enough evidence to impeach Mr. Trump — I think there is — we will learn what the special counsel, Robert Mueller, has found, even if his investigation is cut short. A significant number of Republican candidates didn’t want to run with Mr. Trump in the midterms, and the results of those elections didn’t exactly strengthen his standing within his party. His political status, weak for some time, is now hurtling downhill.

.. The midterms were followed by new revelations in criminal investigations of once-close advisers as well as new scandals involving Mr. Trump himself. The odor of personal corruption on the president’s part — perhaps affecting his foreign policy — grew stronger. Then the events of the past several days — the president’s precipitous

  • decision to pull American troops out of Syria,
  • Secretary of Defense Jim Mattis’s abrupt resignation,
  • the swoon in the stock market, the
  • pointless shutdown of parts of the government —

instilled a new sense of alarm among many Republicans.

 

The word “impeachment” has been thrown around with abandon. The frivolous impeachment of President Bill Clinton helped to define it as a form of political revenge. But it is far more important and serious than that: It has a critical role in the functioning of our democracy.

.. Lost in all the discussion about possible lawbreaking by Mr. Trump is the fact that impeachment wasn’t intended only for crimes. For example, in 1974 the House Judiciary Committee charged Richard Nixon with, among other things, abusing power by using the I.R.S. against his political enemies. The committee also held the president accountable for misdeeds by his aides and for failing to honor the oath of office’s pledge that a president must “take care that the laws be faithfully executed.”

.. The current presidential crisis seems to have only two possible outcomes. If Mr. Trump sees criminal charges coming at him and members of his family, he may feel trapped. This would leave him the choice of resigning or trying to fight congressional removal. But the latter is highly risky.

.. I don’t share the conventional view that if Mr. Trump is impeached by the House, the Republican-dominated Senate would never muster the necessary 67 votes to convict him. Stasis would decree that would be the case, but the current situation, already shifting, will have been left far behind by the time the senators face that question. Republicans who were once Mr. Trump’s firm allies have already openly criticizedsome of his recent actions, including his support of Saudi Arabia despite the murder of Jamal Khashoggi and his decision on Syria. They also openly deplored Mr. Mattis’s departure.

.. It always seemed to me that Mr. Trump’s turbulent presidency was unsustainable and that key Republicans would eventually decide that he had become too great a burden to the party or too great a danger to the country. That time may have arrived. In the end the Republicans will opt for their own political survival. Almost from the outset some Senate Republicans have speculated on how long his presidency would last. Some surely noticed that his base didn’t prevail in the midterms.

But it may well not come to a vote in the Senate. Facing an assortment of unpalatable possibilities, including being indicted after he leaves office, Mr. Trump will be looking for a way out. It’s to be recalled that Mr. Nixon resigned without having been impeached or convicted. The House was clearly going to approve articles of impeachment against him, and he’d been warned by senior Republicans that his support in the Senate had collapsed. Mr. Trump could well exhibit a similar instinct for self-preservation. But like Mr. Nixon, Mr. Trump will want future legal protection.

Mr. Nixon was pardoned by President Gerald Ford, and despite suspicions, no evidence has ever surfaced that the fix was in. While Mr. Trump’s case is more complex than Mr. Nixon’s, the evident dangers of keeping an out-of-control president in office might well impel politicians in both parties, not without controversy, to want to make a deal to get him out of there.

‘Dear Boss: I quit.’ What letters like Mattis’s can foretell.

No one saw the letter as anything but a stinging protest. “Old Marines never die, but they do resign after the President ignores their advice, betrays our allies, rewards our enemies, and puts the nation’s security at risk,” Rep. Adam B. Schiff (D-Calif.) wrote in a tweet, referencing Mattis’s storied career in the Marine Corps.

.. I’ve studied resignations for 28 years. I’ve written a book about them — the world viewed through the medium of the kiss-off, from classical times to the modern day. History is written as much in endings as beginnings. The pivotal changes can arrive not with “Eureka!” moments but with adamant refusals.

.. Yet the most effective leave-takings are composed over time and with military precision. These are made up of the words, distilled from private agonies, that we place on the public record. They must function as appeals to history — as, in a case like Mattis’s — or one good grenade.

.. The United States armed forces are home to a “go-down-fighting” resignation-letter subculture all its own. The military tradition of explosive, often cutting letters began in 1979 by Air Force Capt. Ron Keys, who served as a pilot in the Vietnam War. His resignation, tendered to Gen. Wilbur Creech, contained legendary and often-imitated lines: “The General looked us in the eye and said, in effect, ‘Gentlemen, either I’m very stupid or I’m lying to you’” and “All those Masters and professional military educators and not a leadership trait in sight!”
.. Keys later said he hadn’t intended to send the letter that began “Dear Boss, Well, I quit.” He’d written it out of frustration late one night and mailed it by accident. Nobody bought that, least of all Creech. But the general did invite Keys to a meeting to elaborate. Keys’s recommendations were heard, his resignation rescinded. By the time he retired in 2007, he was Gen. Ronald Keys, commander of Air Combat Command. But it was the frazzled, almost comedic howl of rage that was Keys’s resignation, rather than the officer’s career, that was most widely remembered. Passed around and published, it quickly formed the template for what became known as the “Dear Boss” letter — Air Force slang for the frustrated officer’s resignation as unrestrained truth attack.
.. Planned, polished and executed for maximum effect, Dear Boss letters are ambushes by nature. The most famous — before Mattis’s on Thursday — was that of the highly decorated Army Col. Millard A. Peck, who resigned in 1991 as head of the Pentagon intelligence unit assigned to search and account for missing-in-action servicemen in Vietnam. Over four pages of complaints that would doubtlessly ring bells with Mattis, Peck wrote of being “painfully aware … that I was not really in charge of my own office, but was merely a figurehead or whipping boy for a larger and totally Machiavellian group of characters.” His department, he said, was nothing but “a ‘toxic waste dump’ designed to bury the whole mess out of sight and mind in a facility with limited access to public scrutiny.”

In a country still ambivalent about remembering Vietnam and haunted by the possibility of prisoners of war as well as those missing in action, the effect was electric. Within weeks, the Senate Foreign Relations Committee opened a public hearing. Peck ended up overseeing administrative services for military ceremonies. He had taken the hit, but he’d got the result he wanted: a national public reckoning with the way the military looked after its own.

James Mattis Resignation Letter as Secretary of Defense

Similarly, I believe we must be resolute and unambiguous in our approach to those countries whose strategic interests are increasingly in tension with ours. It is clear that China and Russia, for example, want to shape a world consistent with their authoritarian model — gaining veto authority over our nation’s economic, diplomatic, and security decisions — to promote their own interests at the expense of their neighbors, America and our allies. That is shy we must use all the tools of American power to provide for the common defense.

My views of treating allies with respect and also being clear-eyed about both malign actors and strategic competitors are strongly held and informed by over four decades of immersion in these issues.  We must do everything possible to advance an international order that is most conducive to our security, prosperity and values, and we are strengthened in this effort by the solidatrity of our alliances.

Because you have the right to have a Secretary of Defense whose views are better aligned with yours on these and other subjects, I believe it is right for me to step down from my position.