https://www.nationalreview.com/2018/11/evaluating-paul-manaforts-alleged-violation-of-his-plea-agreement/
Keep your eye on the pardon dynamic.
Special Counsel Robert Mueller’s office has informed a federal court that Paul Manafort violated his plea agreement by repeatedly lying to investigators. Prosecutors thus consider the agreement null and void and have asked the court to set a sentencing date immediately.
The alleged breach was outlined in a brief submission to district judge Amy Berman Jackson in Washington, and reported by the New York Times Monday evening. The submission by Andrew Weissmann and other lawyers on Mueller’s team does not describe Manafort’s allegedly false statements, other than to say that they involve “a variety of subject matters.” Prosecutors are planning to file a sentencing memorandum “that sets forth the nature of the defendant’s crimes and lies, including those after signing the plea agreement.”
In the submission, prosecutors acknowledge that Manafort “believes he has provided truthful information and does not agree with the government’s characterization or that he has breached the agreement.”
On the surface, it doesn’t seem that Manafort’s dispute can get him very far. But when we look closer, we realize that this is about more than a plea; it is about a pardon.
When it comes to claimed breaches of a plea agreement, the prosecutor holds the dominant position. Defendants who plead guilty and agree to cooperate, as Manafort did on the day before his Washington trial was to begin, do so with the understanding that the value of the cooperation is the prosecutor’s call. If the prosecutor decides the information provided is not useful — or, worse, that the defendant has lied — the defendant does not get to withdraw his guilty plea. Further, if the prosecutor decides the defendant has breached the agreement, the government is under no obligation to support reductions in sentence that the defendant hoped to achieve by entering the agreement.