Paul Manafort, right, leaves the U.S. District Court for the District of Columbia, with his attorney, Kevin Downing, left. Credit: Diego M. Radzinschi / ALM

Paul Manafort's defense lawyers will make a bid Tuesday to stop the tax and bank fraud trial of the former Trump campaign chairman from moving forward to jurors.

Manafort lawyer Richard Westling previewed the motion for acquittal—a routine move by defense attorneys—late Monday, arguing to U.S. District Judge T.S. Ellis III in Alexandria, Virginia, that the special counsel prosecutors had not met their burden in the case. Manafort's legal team also expects to tell the judge Tuesday whether it will call any witnesses or introduce evidence.

The defense is moving to acquit all counts in Manafort's indictment, but with “particular focus” on allegations related to the Federal Savings Bank, Westling said Monday. Manafort's defense faces an uphill climb; requests for acquittal are rarely granted. Prosecutors, arguing against such motions, urge judges to permit juries to weigh the evidence and witness credibility.

On allegations of tax fraud and Manafort's failure to report foreign bank accounts, Westling said the government failed to show the “necessary willfulness” in Manafort's actions.

The bid to end the case before it reaches jurors came immediately after the special counsel's lead prosecutor, Greg Andres, announced, “Your honor, the government rests.” Manafort was the first defendant to force Mueller's team to go to trial.

Several other defendants, including cooperating witness Rick Gates, a former Manafort business partner, pleaded guilty to various crimes. Manafort's attorneys, in their opening statements, said he misplaced trust in Gates. “The case rests squarely on the shoulders of this star witness,” Manafort lawyer Thomas Zehnle said at the trial's start.

The government called more than two dozen witnesses during the trial's first 10 days. The final witness who testified against Manafort: Paula Liss, a senior special agent at the U.S. Treasury Department, who had previously testified but returned to note that Manafort's consulting company had not filed disclosures of foreign bank accounts between 2011 and 2014.

Earlier in the afternoon, prosecutors questioned James Brennan, an executive at Federal Savings Bank, who testified that he felt pressure to approve millions of dollars in loans to Manafort. On Aug. 10, another executive at the bank testified that Stephen Calk, the bank's CEO, took a personal interest in lending to Manafort as he lobbied for position in the Trump administration.

After testifying about several “inconsistencies” in documents Manafort provided to the bank, Brennan recalled that “his recommendation was that the loan not be made.” Ultimately, however, he gave Manafort a rating that allowed him to receive millions of dollars from the bank.

When Andres asked whether he had a choice to clear Manafort for loans, Brennan replied, “No.”

“Because of Mr. Calk?” Andres asked.

“Because the loan was going through,” Brennan answered.

 

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