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<blockquote data-quote="Babagounj" data-source="post: 3165242" data-attributes="member: 12952"><p><a href="http://www.nationalreview.com/article/453244/manafort-indictment-no-signs-trump-russia-collusion" target="_blank">http://www.nationalreview.com/article/453244/manafort-indictment-no-signs-trump-russia-collusion</a></p><p></p><p>It may well be that Manafort and Gates made false statements when they belatedly registered as foreign agents, but it appears that Mueller’s office has turned one offense into two, an abusive prosecutorial tactic that flouts congressional intent. Specifically, Congress considers false statements in the specific context of foreign-agent registration to be a misdemeanor calling for zero to six months’ imprisonment. (See Section 622(a)(2) of Title 22, U.S. Code.) That is the offense Mueller charges in Count Eleven. But then, for good measure, Mueller adds a second false-statement count (Count Twelve) for the same conduct — charged under the penal-code section (Section 1001 of Title 18, U.S. Code) that makes any falsity or material omission in a statement to government officials a felony punishable by up to five years’ imprisonment. Obviously, one cannot make a false statement on the foreign-agent registration form without also making a false statement to the government. Consequently, expect Manafort to argue that Mueller has violated double-jeopardy principles by charging the same exact offense in two separate counts, and that the special counsel is undermining Congress’s intent that the offense of providing false information on a foreign-agent registration form be considered merely a misdemeanor. Finally, the money-laundering conspiracy allegation (Count Two) seems far from slam-dunk. For someone to be guilty of laundering, the money involved has to be the proceeds of criminal activity before the accused starts concealing it by (a) moving it through accounts or changing its form by buying assets, etc., or (b) dodging a reporting requirement under federal law.</p><p></p><p>Read more at: <a href="http://www.nationalreview.com/article/453244/manafort-indictment-no-signs-trump-russia-collusion" target="_blank">The Manafort Indictment: Not Much There, and a Boon for Trump</a></p></blockquote><p></p>
[QUOTE="Babagounj, post: 3165242, member: 12952"] [URL]http://www.nationalreview.com/article/453244/manafort-indictment-no-signs-trump-russia-collusion[/URL] It may well be that Manafort and Gates made false statements when they belatedly registered as foreign agents, but it appears that Mueller’s office has turned one offense into two, an abusive prosecutorial tactic that flouts congressional intent. Specifically, Congress considers false statements in the specific context of foreign-agent registration to be a misdemeanor calling for zero to six months’ imprisonment. (See Section 622(a)(2) of Title 22, U.S. Code.) That is the offense Mueller charges in Count Eleven. But then, for good measure, Mueller adds a second false-statement count (Count Twelve) for the same conduct — charged under the penal-code section (Section 1001 of Title 18, U.S. Code) that makes any falsity or material omission in a statement to government officials a felony punishable by up to five years’ imprisonment. Obviously, one cannot make a false statement on the foreign-agent registration form without also making a false statement to the government. Consequently, expect Manafort to argue that Mueller has violated double-jeopardy principles by charging the same exact offense in two separate counts, and that the special counsel is undermining Congress’s intent that the offense of providing false information on a foreign-agent registration form be considered merely a misdemeanor. Finally, the money-laundering conspiracy allegation (Count Two) seems far from slam-dunk. For someone to be guilty of laundering, the money involved has to be the proceeds of criminal activity before the accused starts concealing it by (a) moving it through accounts or changing its form by buying assets, etc., or (b) dodging a reporting requirement under federal law. Read more at: [URL="http://www.nationalreview.com/article/453244/manafort-indictment-no-signs-trump-russia-collusion"]The Manafort Indictment: Not Much There, and a Boon for Trump[/URL] [/QUOTE]
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