Will there be a Manafort cave?

  • By Bob Franken
  • Wednesday, November 1, 2017 12:03pm
  • Opinion

It’s a cliche in the legal world: A prosecutor could persuade a grand jury to indict a ham sandwich. That is, of course, because the standards for bringing charges are relatively low — “probable cause” that a crime has been committed, as opposed to the “beyond a reasonable doubt” hurdle that comes before a defendant is convicted in a trial.

In addition, usually only the district attorney or the state attorney (or whatever they call the prosecutor) can offer evidence to the citizen grand jurors. Defense lawyers are almost never allowed to refute the allegations or to provide any explanation. Grand juries date back to British Common Law, which means they have existed for about 800 years. You now have more information about grand juries than you ever had any interest in knowing.

The point is, prosecutors have a ton of power, and special counsels are super-duper prosecutors (is my terminology too legalistic?). Robert Mueller is one of those, and now he’s made his first ham sandwiches. They are big ones: Paul Manafort, a former Donald Trump campaign manager, along with Manafort aide Rick Gates. Their 12-count indictment includes serious felony charges: money laundering, tax evasion, failure to register as a foreign agent and conspiracy against the United States while working on behalf of Ukrainians with close ties to Moscow. It’s heavy stuff (more legal terminology). By the way, former Trump campaign adviser George Papadopoulos also pleaded guilty to one count of lying to the FBI about his Russian contacts. Yes, it’s a crime to lie to FBI agents, which only enhances the government’s power in criminal matters. At some point we can have a discussion about whether our belief that Americans are “innocent until proven guilty” is all that valid, but let’s not stray from the point of all this.

Ultimately, the guy who was not indicted today is a certain president of the United States. Mueller was appointed to determine whether there was criminal collusion with Vladimir Putin’s agents by Donald Trump or his campaign underlings to swing the election Trump’s way. Mueller’s mandate, as is the case with all independent counsels, extends to any crimes that are uncovered during the investigation. Hence these formal accusations against Paul Manafort and Rick Gates. I’m sorry to lapse into more lawyerly language, but they could be in a heap of trouble.

As big a deal as the charges are and as serious as the allegations they face are, Manafort, Gates and Papadopoulos are not just ham sandwiches but potatoes, relatively small potatoes. Mueller must ultimately determine whether to charge Donald Trump. So he’ll be putting the squeeze on those lower in this food chain to see whether any of the three will spill their guts about higher-ups — that is to say, provide information about collusion that could bring down the president. Lapsing into another cliche, these are just the first shoes to fall.

As for the really big shoe, he’s doing what he always does when he’s agitated: He turns to Twitter. Pointing out that these indictments weren’t about collusion, he cleverly tweeted, “NO COLLUSION.” That was after he pecked: “Sorry, but this is years ago, before Paul Manafort was part of the Trump campaign. But why aren’t Crooked Hillary &the Dems the focus?????”

First of all, Hillary Clinton is off the point. As Trump reminds us every chance he gets, he beat her. He’s the president; she’s not. Her misdeeds, if any, would not result in her impeachment. But that’s getting way ahead of what has happened so far. Even if Mueller ultimately charges Trump with any crimes, as president of the United States, Donald Trump first would have to be removed from office before facing legal consequences. That could be iffy even in extreme circumstances given how the Republicans in Congress are so terrified of his, uh, ham-handed politics.

Bob Franken is a longtime broadcast journalist, including 20 years at CNN.

More in Opinion

Gov. Mike Dunleavy unveils proposals to offer public school teachers annual retention bonuses and enact policies restricting discussion of sex and gender in education during a news conference in Anchorage. (Screenshot)
Opinion: As a father and a grandfather, I believe the governor’s proposed laws are anti-family

Now, the discrimination sword is pointing to our gay and transgender friends and families.

Kenai Peninsula Education Association President Nathan Erfurth works in his office on Thursday, Oct. 28, 2021, in Soldotna, Alaska. (Ashlyn O’Hara/Peninsula Clarion)
Voices of the Peninsula: Now is the time to invest in Kenai Peninsula students

Parents, educators and community members addressed the potential budget cuts with a clear message.

Gov. Mike Dunleavy holds a press conference at the Capitol on Tuesday, April 9, 2019. (Juneau Empire file photo)
Opinion: An accurate portrayal of parental rights isn’t controversial

Affirming and defining parental rights is a matter of respect for the relationship between parent and child

t
Opinion: When the state values bigotry over the lives of queer kids

It has been a long, difficult week for queer and trans Alaskans like me.

Dr. Sarah Spencer. (Photo by Maureen Todd and courtesy of Dr. Sarah Spencer)
Voices of the Peninsula: Let’s bring opioid addiction treatment to the Alaskans who need it most

This incredibly effective and safe medication has the potential to dramatically increase access to treatment

Unsplash / Louis Velazquez
Opinion: Fish, family and freedom… from Big Oil

“Ultimate investment in the status quo” is not what I voted for.

An orphaned moose calf reared by the author is seen in 1970. (Stephen F. Stringham/courtesy photo)
Voices of the Peninsula: Maximizing moose productivity on the Kenai Peninsula

Maximum isn’t necessarily optimum, as cattle ranchers learned long ago.

(Ben Hohenstatt / Juneau Empire File)
Opinion: The time has come to stop Eastman’s willful and wanton damage

God in the Bible makes it clear that we are to care for the vulnerable among us.

Caribou graze on the greening tundra of the Arctic National Wildlife Refuge in northeast Alaska in June, 2001. (Michael Penn / Juneau Empire File)
Opinion: AIDEA’s $20 million-and-growing investment looks like a bad bet

Not producing in ANWR could probably generate a lot of money for Alaska.

A fisher holds a reel on the Kenai River near Soldotna on June 30, 2021. (Photo by Ashlyn O’Hara/Peninsula Clarion)
Voices of the Peninsula: King salmon closures long overdue

Returns have progressively gone downhill since the early run was closed in June 2012

(Clarise Larson / Juneau Empire File)
Opinion: Fixing legislative salaries and per diem

The state Senate was right to unanimously reject giving a 20% pay… Continue reading

Alaska First Lady Rose Dunleavy. (Photo courtesy of Office of the Governor)
Opinion: Volunteerism is a key pillar of Alaska history, future

I am happy to continue the First Lady’s Volunteer Awards