General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forums***BREAKING****Defense rests in Manafort trial . No defense witnesses will be called.
To quote Stephanie Ruhle, "Wow."
They are not putting on a defense. Closing arguments in two hours.
Renew Deal
(81,859 posts)Hasn't it been less than 24 hours? Do they have anything to say?
dalton99a
(81,488 posts)DemocratSinceBirth
(99,710 posts)They made a motion to dismiss, the motion was denied, an now on to closing arguments.
Renew Deal
(81,859 posts)Va Lefty
(6,252 posts)old guy
(3,283 posts)It takes a whole jury to hang a defendant, but 1 juror to hang a jury.
Takket
(21,568 posts)NewJeffCT
(56,828 posts)1) they don't want Manafort to testify because the prosecution can likely rebut anything he says and make him look bad in his own defense.
2) Also, from what I was reading, the prosecution needs to prove beyond a reasonable doubt and if the defense puts on their own case, there is a small tendency for jurors to also hold the defense to that same beyond a reasonable doubt standard.
3) If the defense has a flimsy case, resting with no defense makes them look more confident than they really are.
4) If the defense puts on a case and does not call the defendant, there can be a bias against the defendant even though jurors are instructed to ignore that.
More detail here
Link to tweet
?s=19
VMA131Marine
(4,139 posts)The burden of proof is on the prosecution and, unless there is an affirmative defense, defense counsel doesn't want to give them any more ammunition to convict their client.
olegramps
(8,200 posts)He is facing an additional trial and would not want his testimony under oath to affect that outcome. Also he may be looking for a pardon or possibly a deal for testimony. The first seems to me to be the most probable. Just guessing.
Tommy_Carcetti
(43,182 posts)W_HAMILTON
(7,867 posts)pnwmom
(108,978 posts)The Velveteen Ocelot
(115,693 posts)which can take awhile. There are approved form jury instructions but the parties have to agree on which ones and which elements of each instruction to include, then the judge has to approve them. So that will probably take all afternoon.
Glimmer of Hope
(5,823 posts)Tommy_Carcetti
(43,182 posts)It is the prosecution's burden, after all.
But it is still a gamble.
Grammy23
(5,810 posts)the prosecution presented a mountain of evidence (read that as documents, not just statements from witnesses) that Manafort did, indeed, do the things he is charged with doing. And his legal team is hoping that at least one person on that jury is unimpressed by those documents that outline his crimes. Let us all hope that the members of that jury were listening, taking notes and can read. It is all there in front of them that Manafort broke the laws of the US. And for that, he will probably spend the remaining years of his miserable life behind bars. Fingers crossed.
Whiskeytide
(4,461 posts)... where the prosecutions case is circumstantial in some places, and where the defense is hoping for a dismissal or a directed verdict based on a technical deficiency. They would have made their substantive defenses through cross exam of the prosecutions witnesses anyway.
It might be a gamble (Im not as up to speed on the nuts and bolts/elements of the prosecutions case as Id like to be), but it also allows the defense lawyers to argue to the jury that the govts case is so weak and insufficient that we didnt have to put on witnesses.
Picking up popcorn on my way home tonight.
pnwmom
(108,978 posts)Whiskeytide
(4,461 posts)... there isn't a mountain of evidence in the case. I'm sure there is. But it only takes a weakness on a specific but crucial element to create a vulnerability. If the prosecution must prove elements A, B, C and D to get a conviction, they could have boat loads of evidence on A, B and D, but may have to rely on inferences and circumstantial evidence to make element C. Convictions are obtained every day on reasonable inferences and circumstantial evidence - so I'm not being a naysayer by any means. Just trying to pontificate on why the defense lawyers might decide not to put on a case.
I hope you're right. I have great confidence in Meuller's team. I suspect a conviction is likely based on what we know and what my experiences have been with US attorneys. But I have not been in the courtroom, and I have not studied the elements of the charges brought.
Adrahil
(13,340 posts)Rick Gates is lying and the Judge doesn't like the prosecutors argument.
HAB911
(8,892 posts)dalton99a
(81,488 posts)LittleGirl
(8,287 posts)Leghorn21
(13,524 posts)Paul Manafort's team will not present a case nor call
any witnesses in his defense. The defense rested at 11:53 a.m.
10:56 AM - Aug 14, 2018
Link to tweet
WOW INDEED
atreides1
(16,079 posts)They're giving Manafort something to appeal...incompetent representation!!!
The Velveteen Ocelot
(115,693 posts)Much of the evidence is on paper and can't be refuted. The defense got to cross-examine all of the prosecution's witnesses, so that was basically the presentation of their defense. There probably are no witnesses that can refute any of the facts presented in the case in chief except for Manafort, and they wouldn't want to call him because the prosecution would eat his lunch on cross-examination - it probably would have been malpractice for the defense not to have rested at this point. The prosecution still has the burden of proving all elements of each offense beyond a reasonable doubt, which will be the basis of the defense's closing argument.
BTW, appeals based on a claim of ineffective assistance of counsel almost never succeed. It's a very low bar - the lawyer has to have been completely inept, drunk, asleep, a no-show or dead. Manafort's lawyers are, by all accounts, some of the best in their field and they seem to have done as good a job as they could, considering what they had to work with.
bearsfootball516
(6,377 posts)Either they think they don't have a shot, or they so confident they don't want to risk blowing something?
gratuitous
(82,849 posts)Perhaps the defense feels that the prosecution hasn't proved its case, and they're counting on the dazzling oratory of the defense counsel to raise enough questions in jurors' minds to create a reasonable doubt. The defense may also be conceding that they don't have any witnesses who will speak to Manafort's innocence of intent in his multinational financial shenanigans. The defense may have read the jury and concluded that they have at least one person who will vote not guilty.
We'll see what the defense closing argument says. That will be their last chance to present their case and show their strategy.
jayschool2013
(2,312 posts)They're hoping that juror Dzhon Smit ... I mean, John Smith, who's not a Russian at all ... will vote to acquit.
jberryhill
(62,444 posts)They've cross-examined all of the relevant witnesses anyway, and they are are going to argue that the prosecution hasn't proven all of the elements of all of the charged offenses.
Just because there has been, as noted above, "a mountain of evidence" doesn't mean that all of the dots have been clearly connected in the specific way that the relevant statutes require them to be connected. Where there are elements of intent, state of knowledge, causality, etc., then there are always inroads into arguing that the evidence does not necessarily show those things beyond a reasonable doubt.
I don't think it is any great surprise one way or the other if the defense did not want to call (or recall) any witnesses, but, sure, if I got paid for acting as if everything was a big deal, then I suppose I'd be saying it was a big deal.
I haven't specifically reviewed each of the counts, and each of the underlying statutes, in any great detail, but I'm reasonably certain that not of the headline writers have either. My guess is that he's likely to be found guilty of something.
pnwmom
(108,978 posts)When he goes to the next trial, will they let him wear a suit and look like an innocent person, or will be arrive wearing his prison clothes?
former9thward
(32,006 posts)Yes, he will be allowed a suit. Would you have him brought in chains? Do you have the same complaint about black poor defendants when they are allowed to have suit at trial?
phylny
(8,380 posts)Seriously, none whatsoever.
pnwmom
(108,978 posts)pnwmom
(108,978 posts)former9thward
(32,006 posts)He will be innocent of crimes in the other trial unless he is found guilty.
pnwmom
(108,978 posts)to know if when they bring a convict out of prison to try him for additional crimes, they keep him in prison clothes or not.
former9thward
(32,006 posts)The only time people have to wear jail clothes is for jail hearings, such as bail, outside of jury matters.
Takket
(21,568 posts)Why are you taking such a patronizing tone? If you know the answer just say so and stop trying to imply shes racist.
pnwmom
(108,978 posts)I appreciate your understanding.
The Velveteen Ocelot
(115,693 posts)the law says he IS innocent until he's proved guilty. All defendants are presumed innocent for the duration of their trials. So yes, he can wear a suit.
jmowreader
(50,557 posts)The next time he's in court will be part of this trial, where he will properly be allowed a suit.
They'll probably allow him a suit at his appeal too.
jberryhill
(62,444 posts)There's no need for him to be present at an appeal hearing.
But, yes, they aren't going to have him wearing a jumpsuit at trial. That's needlessly prejudicial.
pnwmom
(108,978 posts)Azathoth
(4,608 posts)Or at least they have solid reason to expect one.
underthematrix
(5,811 posts)The Velveteen Ocelot
(115,693 posts)after the prosecution's case when most of the evidence is on paper. If they have no reason to call additional witnesses they'll rely on their cross-examination of the government's witnesses along with their closing argument. The possibility of a pardon, if that possibility even exists, is completely irrelevant. I am not even slightly surprised that the defense has rested.
Azathoth
(4,608 posts)This is just flat wrong. Prosecutors love paper evidence, along with visual and physical evidence, because it's difficult to impeach; the defense usually has to call expert witnesses to get down in the weeds and muddy the waters. It's hard to discredit documents during cross unless you happen to be questioning the author (eg the accountant who prepared a financial statement, the cop who collected the bloody glove and wrote the report etc.)
Not presenting a case when the evidence against you consists primarily of hard documents means either you are convinced the documents are so weak and shabby that most people would ignore them, or you are accepting a guilty verdict for some reason.
Sancho
(9,070 posts)d_r
(6,907 posts)GoCubsGo
(32,083 posts)is an act of futility? I'm guessing there was so much evidence presented against him, that was so overwhelmingly against him, they decided not to waste their time and efforts on him.
Mr.Bill
(24,292 posts)Danascot
(4,690 posts)I suspect #1 is the main driver. Can't defend the indefensible.
Takket
(21,568 posts)Other than perjury what can you possibly say when your client is guilty as hell?
poetshepherd
(37 posts)Manafort's team was hoping Ellis would take a day or 2 to decide on their motion. Had he done so, the jury would think the government had a shaky case. Ellis could even have thrown out a few counts.
They gambled, lost. And by not calling Paulie to the stand, he looks guilty as fuck.
Prediction: acquittal on 3 charges, guilty on rest. Appeal while rotting in jail.
trump WILL NOT pardon--no upside to it for him. Manafort would have to testify w/out 5th amendment protection, fully and truthfully, which could open him up to state and civil charges [creditors].
On the bright side for Manafort: his value as a gov't witness will increase, for a brief period of time.
former9thward
(32,006 posts)These motions are almost always made in cases like this and the judge decides almost immediately (or at the very most defers the ruling until the defense has completed their case). They never take a "day or two".
The Velveteen Ocelot
(115,693 posts)is simply an argument that the facts presented by the prosecution were insufficient to establish beyond a reasonable doubt that the defendant committed the crime charged. These motions are routine and almost always denied, but they must be made in order to preserve that claim on appeal. The judge would have expected it. It would not have taken a day or two to prepare or decide.
Kablooie
(18,634 posts)LiberalFighter
(50,928 posts)C_U_L8R
(45,002 posts)2naSalit
(86,614 posts)C Moon
(12,213 posts)dlk
(11,566 posts)Dopers_Greed
(2,640 posts)1. They are rolling the dice and hoping that somehow the jury doesn't convict.
2. He is clearly guilty, so any additional evidence presented in the defense could just dig the hole deeper.
3. Who would they even call to his defense? Trump? Putin? Kilimnik?
ananda
(28,860 posts)Looks like.
workinclasszero
(28,270 posts)So damn guilty his own defense team wont stand up and fight for him.
Lets hope the judges outbursts dont get Manafort acquitted.