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Qizardicous Profile picture
@Skip80Cat
Jan 25, 2018 • 94 tweets • 28 min read Twitter logo Read on Twitter
1/ Let’s talk about Rick Gates. He served as Trump’s Deputy Campaign Director and he has been Manafort’s partner for years. It appears as though he is or will become a cooperating witness for Mueller. What does that mean?
2/ As I reported in June, Gates has been on Deripaska’s payroll for years. Deripaska paid Manafort $10m to bring forth pro-Kremlin policies in the US ans abroad.
3/ Gates has also been paid by #Firtash
4/ Gates’ indictment alleges that between 2006 and 2014, he and Manafort laundered money into the US from former Ukraine (and pro-Putin) President Victor Yanukovych. justice.gov/file/1007271/d…
5/ And I am here to decipher what that means for you. ✌🏼🤓✌🏼
6/ First. One rule of Manafort club is that where went Manafort, so to went Gates.
*too
7/ Let’s set the stage. For nearly 2 decades, money was siphoned out of post-USSR Russia
8/ This money was funneled out through people like #Firtash
9/ Trump was a surrogate in the schemes. Not only did he use real estate, but he also used his gaming industry vehicles.
10/ Putin had MANY proxies to get the money out of Russia.
11/ The GOP has also been a surrogate.
12/ This is a long game for Russia. It has been going on for over a decade.
13/ It is deeply entrenched into GOP culture by now. exiledonline.com/kremlin-whores…
14/ Back to Gates. His indictment alleges him to be less culpable than Manafort.
15/ He was acting at Manafort’s behest, as Manafort’s “right hand man”.
16/ However, as to the unlawful lobbying (FARA), it appears that Gates and Manafort were equally culpable.
17/ Gates conspired to cover up for Manafort.
18/ Gates also conspired in committing bank fraud, mail fraud, wire fraud and money laundering (none of which were charged as substantive offenses—YET).
19/ As I reported in early November, it is likely that superseding indictments are coming against Manafort/Gates.
20/ If Gates is cooperating, it is likely to avoid the consequences of superseding indictments:
21/ Also important is that Count 1 of Gates’ indictment alleges a Conspiracy Against the United States. This is a bootstrap for a superseding indictment.
22/ Ditto for Count 2, which is a Conspiracy to Launder Money charge.
23/ Here is a NACDL Position Paper which outlines federal cobspiracy law and some of the legal issues associated with it. nacdl.org/WorkArea/Downl…
23A/ *conspiracy
24/ At the risk of over-simplifying, conspiracy does not require knowledge by the defendant of all acts of every co-conspirator in the conspiracy. Co-conspirators can be liable for the acts of co-conspirators committed in furtherance of the conspiracy.
25/ Thus, if Joe & Bob conspire to rob a bank, both are responsible for acts taken by each other in furtherance of the conspiracy. If Joe steals a car for purpose of robbing the bank, Bob may be held liable for the theft of the car, even if Bob was unaware that Joe stole the car.
26/ Gates’ cooperation has been in the works for some time ✌🏼 dailymail.co.uk/news/article-5…
27/ To be very clear: others are on the hook as co-conspirators, to wit: Gates’ wife and Brad Parscale. nytimes.com/2017/06/16/us/…
28/ Gates’ film business partner is also on the hook. nydailynews.com/news/national/…
29/ Gates’ wife is likely Gates’ primary motivation to cooperate. She is most definitely exposed to criminal liability. It is quite common for federal defendants to cooperate in order to protect loved ones from prosecution. washingtonpost.com/politics/rick-…
30/ America First Policies (paragraph 27 above) is tied to this PAC:
31/ It appears that Gates’ attorneys have conflicts of interest. This means Gates is cooperating. It also LIKELY means those attorneys received attorney fee payments from co-defendants and may have committed obstruction of justice.
32/ Add to paragraph 31 “from co-defendants and/or co-conspirators (indicted or unindicted). Here are the DOJ guidelines for forfeiture of assets based upon a co-conspirator paying the attorney fees of another conspirator: justice.gov/usam/usam-9-12…
33/ The reason for withdraw is under seal—it’s safe to assume those reasons involve Gates’ cooperation against Manafort (and others), which places any attorney who accepted 3rd party fees or who participated in an unethical *joint defense agreement* in legal jeopardy.
34/ As I mentioned previously, multi-defendant federal conspiracy cases are landmines for attorney conflicts of interest.
35/ Here is a 101 on Obstruction of Justice: twitter.com/i/moments/8753…
36/ Here is a 101 on the federal proffer interview process: twitter.com/i/moments/8960…
37/ Joint defense agreements are perilous for lawyers:
38/ Joint defense agreements often harm the client:
39/ Mueller has likely or will pierce Gates’ attorney-client privilege with the attorneys who withdrew:
40/ Sally Yates wrote the seminal “Yates Memo” which led to federal defense lawyers being charged for obstruction and tampering. I personally know 4 lawyers from Miami who were so charged.
41/ The attorney-client privilege belongs to THE CLIENT, not to the lawyer. The client may at any time make a knowing waiver of that privilege. It is COMMON for federal defendants to decide to cooperate and (in so doing) to discharge counsel who worked against cooperation.
42/ It is also common for the client to WAIVE attorney-client privilege as to prior counsel under those circumstances. This is why attorneys must always proceed with great caution in representing federal clients. I cannot over-emphasize what a tightrope it can be.
43/ Let me add here that I know John Dowd and I worked on 3 cases where he represented co-conspirators (I represented unindicted co-conspirators). Dowd knows exactly what the perils are. In my opinion, he is playing with fire.
44/ While the US Atty office has no obligation to inform defense counsel of defense counsel’s conflicts of interest as to other co-defendants/co-conspirators, my experience is that that AUSA will send a letter advising in general terms that there is a conflict.
45/ The times I received such warnings, the AUSA refused to specify why there was a conflict—only once did I choose NOT to withdraw. In hindsight. I wish I had heeded the AUSA’s warning, because, ends up, the conflict was that my client conspired to murder the informant.
46/ The point being, the AUSA gains nothing by proceeding against defense attorneys with conflicts of interest. It is quite likely that if Gates is cooperating, his prior attorneys all received similar letters. Ditto for Manafort’s prior counsel.
47/ In an over-abundance of caution, I add that it is possible that Gates’ attorneys seek to withdraw for benign reasons, such as his inability to pay. I find this scenario to be unlikely because I see no simultaneous request for appointment of a federal public defender.
48/ The other reason I find that scenario unlikely is because the attorneys need only file a simple statement requesting to withdraw on the basis @the attorney-client relationship has deteriorated”, which is standard language used when I client cannot pay for services.
49/ While motions to withdraw may be under seal, it is highly unusual for a standard, run-of-the-mill MTW to be under seal. I say this anecdotally. I can see no reason why a federal judge would permit for a MTW to be filed under seal, unless it served the interests of justice.
50/ Final reason I find this scenario unlikely is that Gates has hired defense attorney Tom Green, whose resume stretches back to the Nixon-era Watergate scandal and who helped negotiate a plea deal for former U.S. House Speaker Dennis Hastert. bloomberg.com/news/articles/…
51/ I am speculating (😉) that this sealed filing is a Notice of Intention To Plead Guilty. If I am correct, we are in for a bumpy ride very soon.
52/ Here is the Motion which goes with the Order in Paragraph 51. (Sealed)
53/ Gates files pro se motion requesting the court delay ruling on counsel’s motion to withdraw until after February 21. 🤔🤔
54/ Just as I said:
55/ BREAKING: Former Trump aide Rick Gates to plead guilty; agrees to testify against Manafort latimes.com/politics/la-na…
56/ “According to a person familiar with those talks, Gates, a longtime political consultant, can expect "a substantial reduction in his sentence'' if he fully cooperates with the investigation. He said that Gates is apt to serve about 18 months in prison.”
57/ “In mid-August 2016, Trump fired Manafort ... Gates, however, remained with the Trump campaign through the election, serving as a liaison to the Republican National Committee. He also assisted Trump's inaugural committee.” ✌🏼✌🏼
58/ This happened February 1:
59/ Gates-Pericles ties:
60/ Thomas Green has filed his appearance on behalf of Rick Gates. documentcloud.org/documents/4385…
61/ Rick Gates to plead guilty this afternoon. (told you so ✌🏼): nytimes.com/2018/02/23/us/…
62/ I have some thoughts on why Thomas Green waited until February 22nd to enter his appearance. There was a window when Gates was filing pro se (without counsel) motions. I believe Gates was acting as a cooperating witness during that window—wearing wires, recording calls, etc.
63/ Attorney ethics rules would have prohibited any defense counsel from participating in such activities. I am **speculating** here, based upon my anecdotal experience.
64/ As I reported previously:
65/ Gates’ objective is to get a 5.k.1.1 downward departure at sentencing:
66/ Under the federal sentencing guidelines, Gates can get some leniency at sentencing for pleading guilty, even without a 5k1, but not as much leniency.
67/ Mueller has filed a superseding information on Gates in the DC case, which charges the facts alleged in the EDVA case. His plea will be in DC.
68/ The superseding information charges Count 1: Conspiracy Against the US (between 2006-2017) and Count 2: False Statement (made by Gates February 1, 2018) documentcloud.org/documents/4386…
69/ Gates’ pro se motion to take his kids to Boston on spring break GRANTED
70/ I have not seen the plea agreement yet, but it has been reported that Gates did plead guilty. washingtonpost.com/politics/forme…
71/ (March 2017) Prescient 😂
72/
73/ Same day Gates gave the interview to FBI that he today pleaded guilty to lying in, his lawyers asked the court for permission to withdraw from representing him.
74/ Finally, here is Gates’ Statement of the Offense (filed w his plea agreement) assets.documentcloud.org/documents/4386…
75/ Of note: paragraph 15 references lobbying members of Congress and the Executive Branch in 2013 — I anticipate bribery charges coming soon.
76/ Note reference to a March 19, 2013 meeting with “a member of Congress who was on a subcommittee that had Ukraine within its purview.” I anticipate bribery (or Conspiracy Against the US) charges are coming against this member of Congress.
77/ 💥💥BOOM💥💥Here it is: Gates may qualify for a 5.k.1.1 downward sentencing departure if the Government determines that his cooperation was worthy of such. Here is that language from his plea:
78/ As I explained earlier in this thread, under Federal Sentencing Guidelines, defendants may obtain leniency in exchange for their substantial cooperation. After the cooperation, the Government will advise the court at sentencing that the defendant should get a lesser sentence.
79/ Here is what the Government expects from Gates, in terms of cooperation:
80/ So, under his plea WITHOUT the 5.k departure, Gates gets 57-71 months and possible fines.
81/ I cannot emphasize enough how important that 5k1 motion is to Gates. It could mean the difference between him serving only probation or a 6 month sentence, to him serving a 71 month sentence.
82/ Also, the Government has reserved its right to argue Gates should lose an additional 3 points downward departure if he commits any crimes or obstruction before sentencing OR if the Govt discovers new information about his crimes. This bumps him up into the 78-97 month range.
83/ So if Gates lies again or obstructs or fails to cooperate, he could get up to 97 months. If he does cooperate substantially, he could get substantially less time than his 57-71 month range plea specifies.
84/ There is also the option that if Gates fails to truthfully and substantially cooperate, the Government will ask the court to withdraw the plea.
85/ The Govt has agreed to dismiss the EDVA charges and the other DC charges, in consideration of the plea.
86/ One final note: Gates has agreed to waive all defenses to statute of limitations (claims that the charges are time-barred)
86/ Here is Gates’ plea agreement: assets.documentcloud.org/documents/4386…
87/ The meeting Gates lied about matches a meeting they had with Putin-puppet Rohrabacher bloomberg.com/news/articles/…
88/ While one might assume that Gates’ pleading to lying harms Mueller, that Gates lied about this meeting actually helps Mueller considerably. First, Gates can say he was afraid to tell the truth, which opens the door up to all kinds of fun stuff for Mueller at Manafort’s trial.
89/ Second, if Gates had told the truth about it, the defense calls him a liar. Now, we have Gates admitting to the meeting as a statement against his own penal interests (he was charged for lying about it), rather than Gates just tattling on Manafort to save himself.
90/ I’d like to also mention that in multi-defendant federal criminal cases, there is a race to the 5k1.1–it’s first come, first serve. Gates knows everything Manafort knows. Manafort is no longer needed. This is also why it is highly unlikely that Manafort will flip.
91/ Unless Manafort has something to offer Gates can’t offer, Mueller has no reason to deal. Also, Manafort was under FISA warrant surveillance. Those recorded statements will likely come in as evidence at Manafort’s trial after Manafort is “severed” at trial from co-conspirators

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More from @Skip80Cat

Qizardicous Profile picture
Oct 5, 2018
Senator Collins is waning on about interest groups against Kavanaugh but IGNORES dark money interest groups in support of Kavanaugh.
Senator Collins references Kavanaugh’s judicial record. She disagrees w notion he will eliminate ACA protections, pointing to his dissent in Holder. She argues that his views on severability is narrow.
She addresses the concern about Kavanaugh protecting the POTUS. She argues that Kavanaugh defers to legislative authority. She argues Clinton got 2 justices confirmed while under Whitewater investigation and 3 Nixon appointees ruled against Nixon ruled against Nixon.
Read 14 tweets
Qizardicous Profile picture
Sep 28, 2018
1/ Here is what really bothers me about Kavanaugh: he feels he deserves everything he has and will have because he has earned it. This is a uniquely Calvinist-origin ideology. It is also precisely one of the things which **theologically** distinguishes Catholics from Protestants.
2/ The implications are enormous if one considers the reverse scenario: those to whom life has brought hardship are unworthy, lazy, and have not “earned” their way. Protestant-Calvinist thinking is deeply entrenched in American culture, especially at Yale. christianity.com/church/denomin…
3/ If Kavanaugh adhered to Catholic teaching, he would have by this age internalized that it is mandatory we give a preferential option to the poor. He would practice the Corporal Works of Mercy. He would NOT insist that his success is due to his own merit or worth.
Read 4 tweets
Qizardicous Profile picture
Sep 26, 2018
A new article discussing Deripaska, Steele, Waldman, and Assange by @IgnatiusPost requires some serious unpacking. Christopher Steele worked for Deripaska in 2012. (washingtonpost.com/opinions/a-gop…)
Deripaska was interviewed by the FBI in 2015, 2016, and possibly in 2017.
In 2009, while Mueller was FBI Director, the FBI conducted a covert outreach to Deripaska to locate missing CIA contractor Robert Levinson. (I believe this was accomplished through John McCain).
Read 8 tweets
Qizardicous Profile picture
Sep 26, 2018
1/ Let’s look behind impious Catholics and their pink flamingos () and Catholic Kellyann Conway self-righteous-types tub shitters (), and dissect the “Kavanaugh Catholic” — with the caveat I, too am a Catholic.
2/ First, we all witnessed Kavanaugh last night make several public pronouncements, to wit:
“I was a virgin.”
“I was busy studying.”
“I was the Captain of my football team.”
“I have never sexually assaulted anyone, ever.”
3/ Kavanaugh had his wife by his side, who vouched for him throughout. He also claimed to have spent his career as a champion for women and women’s issues. Neither Kavanaugh nor his wife (whom he met after high school) addressed the bevy of mounting evidence against him.
Read 18 tweets
Qizardicous Profile picture
Sep 24, 2018
What this means is that the Kremlin is weighing in. Drudge Report is a Kremlin conduit. This party just got started.
Here's how the Russians targeted Ohio for the 2016 election (using Drudge Report) dispatch.com/news/20180220/…
As of mid-September 2016, Drudge Report had linked to state Russian media 91x in 2016. It's a Putin arm. mediamatters.org/blog/2016/09/1…
Read 4 tweets
Qizardicous Profile picture
Sep 22, 2018
In accordance w the Violence Against Women & Department of Justice Reauthorization Act of 2013 (“VAWA 2013”), officers and/or investigators may not require victims of sexual assault to submit to a polygraph test or other truth-telling devices.
INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE SEXUAL ASSAULT RESPONSE
POLICY AND TRAINING CONTENT GUIDELINES — The Senate Judiciary Committee is doing everything WRONG.
The unwarranted exertion of control by @ChuckGrassley over a putative sexual assault victim violates every single guideline recommendation of the Intl Assoc of Chiefs of Police.
Read 4 tweets

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