longer excerpt about Manafort's complaints of his jail conditions:
This isn't the first time that the defense made a strong public declaration about his conditions of confinement. I think it may be useful to review how he got to the Alexandria city jail, where he is now.
I revoked his bond on June 15th based on a finding that there was probable cause to believe that he had attempted to obstruct justice and interfere with witnesses. The D.C. Circuit upheld that ruling. And he has specifically admitted to doing just that under oath when he pled guilty. So he was, unquestionably, lawfully detained. And I noticed in a minute order at the time that the defendant must be afforded a reasonable opportunity for private consultation with counsel.
It was the U.S. marshal and not the Court who then made the decision regarding his placement. He was awaiting trial at the Eastern District of Virginia at that time and the marshal there selected Northern Neck Regional jail. It would have been one of the options for our marshal as well, the other would have been D.C. jail; it wouldn't have been up to the defendant or to me, but I'm not sure the defendant would have found that to be preferable.
Northern Neck, though, in my view, presented real concerns about his ability to confer with counsel for the two upcoming trials. But before anyone presented that issue to me for action, the defendant presented it to the Court in the Eastern District of Virginia in early July. He complained that given the distance from the District, restrictions on his electronic and phone communications, there was a severe impact on his ability to prepare for trial and review documents, etcetera. And that was docket 110 in 18 criminal docket 83 in the Eastern District.
He also attached a brief from July 5th in which he told the D.C. Circuit that he was in solitary confinement, locked in his cell 23 hours a day. The Court in the Eastern District of Virginia made the decision to promptly alleviate those concerns by ordering, and not just recommending, that he be housed in the Alexandria jail. The defendant then immediately turned around and said, Oh, never mind, we respectfully ask the Court to permit him to remain at Northern Neck Regional jail.
It became clear why in the government's pleading, docket 117. There he was housed by himself, it's true, but housed within a private, self-contained living unit, including his own bathroom, shower, phone, laptop, and access to a separate work room for review of trial materials. And in his reply, docket 125, the defense conceded that the government had not misrepresented the conditions, other than there was a dispute about whether he could or couldn't send emails.
I'm not going to split hairs over whether that did or didn't technically qualify as solitary confinement, and I'm not placing any reliance on what the warden tended to call it, but the facts about what it was are not in dispute. And so that all leaves the distinct impression that some disingenuousness on the part of the defense played a role in how he got to Alexandria.
Indeed, the Court in the Eastern District of Virginia did not reverse the decision it had just made and the transfer was effectuated. And that made sense to me because I was concerned about his ability to meet with counsel with the two cases coming up, and with his family's ability to visit him.
It won't be long before manafort longs for his days in jail, rather than a medium security prison where he is likely headed. (at least until the pardon arrives)
oloniiumtea:
