Below are my notes in real time as I read the transcript. After the next dotted line are a couple of reactions.
This could not have gone worse for team Mueller.
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Right out of the gate, the judge has questions for Mueller's team about the fact that the crimes alleged predate Mueller's appointment.
From experience as a federal briefing clerk, I can tell you that the judge has a bench memo in his hands that is extensive and designed to needle both sides on very specific issues. The judge and his law clerks worked hard on this. They've studied and done their homework. They will not miss anything.
Another note from the perspective of motion practice: the judge notes that it's the defendant's motion and that his counsel is up first to argue in support. But he immediately cuts counsel off to chase after team Mueller and gets curt very quick when Drebeen tries to equivocate. The fact that the court offered its opinion on what it thinks is going on right off the bat says a lot, too.
The Court pulls no punches about Drebeen's equivocation and refusal to answer questions.
This exchange actually says a lot to me, though it doesn't seem particularly pertinent to what went down today:
Quote:
THE COURT: Does that include financial? Ithink you were given $10 million to begin with.MR. DREEBEN: We have proposed a budget andhad a budget approved.THE COURT: Of $10 million?MR. DREEBEN: I believe that's correct.THE COURT: Have you spent that yet?MR. DREEBEN: I am not in a position to talkabout what our budget is.THE COURT: Are you in a position to tell mewhen the investigation will be over?MR. DREEBEN: I am not, Your Honor.
Put a little more succinctly, the judge thinks this stinks and he wants to know if this the farce it appears to be or if there is anything of actual substance. Mueller and co ought to be on notice.
The Court's discussion about chairing the judicial conference at the Greenbriar about special prosecutors is a MAJOR shot across the bow. Bad move by Debreen trying to push back on that saying the special prosecutor authority has changed since then like the judge doesn't know. Comes across like a punk.
This quote about the August memo killed me:
Quote:
THE COURT: Yes. I have that right here, and I'm glad you raised it because 75 percent of it is blocked out, redacted. Why don't I have a full copy of it?
MR. DREEBEN: The only paragraphs that are pertinent to Mr. Manafort are the ones that are contained in this record.
THE COURT: Well, let me use a phrase that I'm fond of that I used to use with my children. I can't use it with my wife, but I'll be the judge of whether it relates to the others. I think you should give me under seal to be sure -- and you can do it ex parte if you wish -- under seal, ex parte a comple tecopy of the August 2, and I'll be the judge of whether it has anything to do with Mr. Manafort.
Read through defense counsel argument. Nothing too crazy, judge had a few questions that weren't softballs but they weren't laser guided bombs like earlier in the hearing towards Debreen.
Getting to Debreen's argument, he calls this a confidential, sensitive counterintelligence investigation. WFT???
The whole "come on, man" was something that the judge asked his briefing clerks to put together. Or they were batting around ideas in chambers as to the best analogy to make for that, and one of them recalled the ESPN show.
Here's Debreen's statement that actually translates to, "This is all bull****, you've called our bluff, and we have nothing:
Quote:
As a result, the specifics of the investigation were conveyed to us not on the face of the May 17 order but in interaction with the acting attorney general. He explained this in his testimony in just these terms, simply could not be made public. I think Your Honor would agree that it's not appropriate for the government to disclose specific subjects of an investigation when those matters may never result in a charge and when they could jeopardize ongoing criminal investigations, as well as reveal national security matters. That was the only point that I was trying to make one. (b)(i) is not the factual statement
WOW. That is
the admission. "We had to hide it from the public because national security."
This quote tells me that the judge is going to nuke team Mueller:
Quote:
THE COURT: It factually did not arise from the investigation. Now, saying it could have arised under it is another matter, but factually, it's very clear. This was an ongoing investigation. You all got it from the Department of Justice. You're pursuing it.Now I had speculated about why you're really interested in it in this case. You don't really care about Mr. Manafort's bank fraud. Well, the government does.You really care about what information Mr. Manafort can give you that would reflect on Mr. Trump or lead to his prosecution or impeachment or whatever. That's what you're really interested in.
Judges don't make statements like that on record on the bench. EVER. Especially not about a case pending in his court.
This quote is another twist of the knife:
Quote:
THE COURT: Of course, the difference is that if you did assign it to the Eastern District of Virginia, it wouldn't come, Mr. Asonye, with a$10 million budget; would it?
Notice that he asks that question to the local counsel that he knows, Mr. Asoyne, not to Debreen. That is important. The judge knows who he wants to talk to (and that is a message to team Mueller, by the way).
The judges comments on the NY/Cohen matter are also really clear: he thinks they're a bunch of political hacks, not investigators faithfully carrying out their duties.
Closing words to Debreen:
Quote:
THE COURT: All right. I'll take the matterunder advisement.Did you wish to respond to this last point?MR. DREEBEN: No thank you, Your Honor,unless you have any questions.
THE COURT: Good choice on your part.
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The judge thinks that team Mueller is out of control with an unlimited budget run by people with an agenda.
He's not happy about the August memo being withheld from him at all.
Here's the crux of the matter: he's extremely suspicious about the argument that the DOJ couldn't tell the public what they were really doing because of "national security." That is the ultimate admission Debreen made today: we're making it all up and we are using FISA while we're at it. Damn.
Long story short, Judge Ellis is going to get answers. Period. The only way out at this point is Arkancide. But the judge himself is the best protection. Have him murdered and it's painfully obvious.
