How Mueller's Lawyers May Keep Control of Manafort Case

News  |  May 22, 2018

At least four of Special Counsel Robert Mueller's prosecutors working on the Paul Manafort case in Virginia have indicated they are appearing both as representatives of the special counsel and as special assistant United States attorneys, which means they enjoy "all the powers and abilities that just a regular U.S. attorney would have" and can venture outside the scope of Mueller's mandate. 

Politico

Several court filings indicate that when lawyers from Mueller's office appeared in federal court in Alexandria earlier this year, they did so not only as representatives of Mueller's office but as special assistant United States attorneys (SAUSAs) attached to the United States attorney's office there.

That designation gives the Mueller prosecutors a kind of dual status that could complicate any attempt by U.S. District Judge T.S. Ellis III to try to shift the case to federal prosecutors based in Alexandria — a possibility the judge mentioned on a couple of occasions during a contentious hearing earlier this month.

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One lawyer who has studied the use of SAUSAs said the granting of that status to lawyers on Mueller's team theoretically gives them the authority to pursue matters that aren't within the special counsel's mandate.

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At least four of Mueller's prosecutors have submitted court pleadings indicating they have SAUSA status: Andrew Weissmann, Greg Andres, Kyle Freeny and Scott Meisler.

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It's unclear at precisely what point Mueller's lawyers acquired their SAUSA status. If it was before the first indictment against Manafort in Virginia was obtained on Feb. 13, 2018, Manafort's defense could lose much of its argument that the indictment is tainted because it was sought by prosecutors who lacked proper authorization. However, if prosecutors didn't have that status when obtaining search warrants in Virginia and Washington last year, there could still be legal questions about evidence obtained through those searches.

Mueller team's special status could save Virginia Manafort case (Politico)