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| State Charges Against Manafort Dismissed by Judge in New York | State Charges Against Manafort Dismissed by Judge in New York |
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| A New York judge on Wednesday threw out state fraud charges against Paul J. Manafort, President Trump’s former campaign chairman, dealing a setback to efforts by the Manhattan district attorney to ensure Mr. Manafort would still face prosecution should Mr. Trump pardon him for his federal crimes. | A New York judge on Wednesday threw out state fraud charges against Paul J. Manafort, President Trump’s former campaign chairman, dealing a setback to efforts by the Manhattan district attorney to ensure Mr. Manafort would still face prosecution should Mr. Trump pardon him for his federal crimes. |
| Mr. Manafort was charged in Manhattan with mortgage fraud and more than a dozen other state felonies in March, shortly after he was sentenced in federal court for similar crimes. His lawyers argued that the state charges covered the same conduct for which Mr. Manafort had already been tried. | Mr. Manafort was charged in Manhattan with mortgage fraud and more than a dozen other state felonies in March, shortly after he was sentenced in federal court for similar crimes. His lawyers argued that the state charges covered the same conduct for which Mr. Manafort had already been tried. |
| Justice Maxwell Wiley of the State Supreme Court agreed on Wednesday, ruling that the indictment violated state and federal laws against double jeopardy, which say that a defendant may not be tried twice for the same crime. | Justice Maxwell Wiley of the State Supreme Court agreed on Wednesday, ruling that the indictment violated state and federal laws against double jeopardy, which say that a defendant may not be tried twice for the same crime. |
| “Basically, the law of double jeopardy in New York State provides a very narrow window for prosecution,” Justice Wiley said during a short hearing before releasing a 26-page decision. | “Basically, the law of double jeopardy in New York State provides a very narrow window for prosecution,” Justice Wiley said during a short hearing before releasing a 26-page decision. |
| The district attorney, Cyrus R. Vance Jr., said he would challenge the ruling. “We will appeal today’s decision and will continue working to ensure that Mr. Manafort is held accountable for the criminal conduct against the people of New York that is alleged in the indictment,” said Danny Frost, a spokesman for Mr. Vance’s office. | The district attorney, Cyrus R. Vance Jr., said he would challenge the ruling. “We will appeal today’s decision and will continue working to ensure that Mr. Manafort is held accountable for the criminal conduct against the people of New York that is alleged in the indictment,” said Danny Frost, a spokesman for Mr. Vance’s office. |
| The ruling was a victory for Mr. Manafort, whose lawyers maintained from the start that Mr. Vance, a liberal Democrat, had brought the indictment for political reasons. | The ruling was a victory for Mr. Manafort, whose lawyers maintained from the start that Mr. Vance, a liberal Democrat, had brought the indictment for political reasons. |
| “We have said since the day this indictment was made public that it was politically motivated and violated New York’s statutory double jeopardy law,” Mr. Manafort’s lawyer, Todd Blanche, said in a statement. “Today’s decision is a stark reminder that the law and justice should always prevail over politically motivated actions.” | “We have said since the day this indictment was made public that it was politically motivated and violated New York’s statutory double jeopardy law,” Mr. Manafort’s lawyer, Todd Blanche, said in a statement. “Today’s decision is a stark reminder that the law and justice should always prevail over politically motivated actions.” |
| The move by Mr. Vance was widely seen as a way to ensure that Mr. Manafort, who had been convicted of conspiracy and tax and bank fraud in two federal cases, would still face charges if the president pardoned him. | The move by Mr. Vance was widely seen as a way to ensure that Mr. Manafort, who had been convicted of conspiracy and tax and bank fraud in two federal cases, would still face charges if the president pardoned him. |
| “No one is above the law in New York,” Mr. Vance said at the time, adding that his investigation had “yielded serious criminal charges for which the defendant has not been held accountable.” | “No one is above the law in New York,” Mr. Vance said at the time, adding that his investigation had “yielded serious criminal charges for which the defendant has not been held accountable.” |
| Mr. Trump has never said he intended to pardon his former campaign chairman. But he has often spoken of his power to pardon and has defended Mr. Manafort on several occasions, calling him a “brave man.” | Mr. Trump has never said he intended to pardon his former campaign chairman. But he has often spoken of his power to pardon and has defended Mr. Manafort on several occasions, calling him a “brave man.” |
| The 16-count state indictment accused Mr. Manafort, 70, of falsifying business records to obtain millions of dollars in loans. It grew out of an investigation that began in 2017, when the Manhattan prosecutors began examining loans Mr. Manafort received from two banks. | The 16-count state indictment accused Mr. Manafort, 70, of falsifying business records to obtain millions of dollars in loans. It grew out of an investigation that began in 2017, when the Manhattan prosecutors began examining loans Mr. Manafort received from two banks. |
| Mr. Manafort’s lawyers had argued that the state charges should be dismissed and that the factual overlap between the federal and state cases was extensive. | Mr. Manafort’s lawyers had argued that the state charges should be dismissed and that the factual overlap between the federal and state cases was extensive. |
| Mr. Manafort did not appear in court on Wednesday. He has been hospitalized since last week, after suffering a cardiac ailment while serving seven and a half years in federal prison in Pennsylvania. | Mr. Manafort did not appear in court on Wednesday. He has been hospitalized since last week, after suffering a cardiac ailment while serving seven and a half years in federal prison in Pennsylvania. |
| The charges against Mr. Manafort stemmed from allegations that between December 2015 and January 2017 he submitted false documentation to get mortgages from three financial institutions, defrauding them of more than $20 million. Prosecutors also accused Mr. Manafort of falsifying documents to obtain a $1 million line of credit from Banc of California. | The charges against Mr. Manafort stemmed from allegations that between December 2015 and January 2017 he submitted false documentation to get mortgages from three financial institutions, defrauding them of more than $20 million. Prosecutors also accused Mr. Manafort of falsifying documents to obtain a $1 million line of credit from Banc of California. |
| It is a settled legal principle, set out in the Constitution, that a defendant may not be prosecuted twice for the same crime. | It is a settled legal principle, set out in the Constitution, that a defendant may not be prosecuted twice for the same crime. |
| New York State law provides even stronger protections against double jeopardy, with some exceptions. The double jeopardy law goes into effect as soon as a jury is sworn in a criminal case, whether or not the defendant is eventually convicted or acquitted. | New York State law provides even stronger protections against double jeopardy, with some exceptions. The double jeopardy law goes into effect as soon as a jury is sworn in a criminal case, whether or not the defendant is eventually convicted or acquitted. |
| Sometimes, however, juries reach an impasse and cannot decide on a verdict on a particular charge, which is what happened with several counts in Mr. Manafort’s federal case in Virginia. | Sometimes, however, juries reach an impasse and cannot decide on a verdict on a particular charge, which is what happened with several counts in Mr. Manafort’s federal case in Virginia. |
| Mr. Vance’s office saw the Virginia jury’s inability to reach a verdict on those counts as an opportunity to pursue state charges in New York that included falsifying business records or mortgage fraud. The state charges concerned some of the same loans noted in the Virginia case. Those loans had been issued by Citizens Bank in Rhode Island and Federal Savings Bank in Chicago. | Mr. Vance’s office saw the Virginia jury’s inability to reach a verdict on those counts as an opportunity to pursue state charges in New York that included falsifying business records or mortgage fraud. The state charges concerned some of the same loans noted in the Virginia case. Those loans had been issued by Citizens Bank in Rhode Island and Federal Savings Bank in Chicago. |
| But Justice Wiley said in his opinion on Wednesday that the district attorney’s interpretation was incorrect and that prosecutors could not resurrect charges that a jury had not decided on in a preceding case. | But Justice Wiley said in his opinion on Wednesday that the district attorney’s interpretation was incorrect and that prosecutors could not resurrect charges that a jury had not decided on in a preceding case. |
| Justice Wiley wrote that “this is not a case in which the defendant’s constitutional rights are at issue,” but rather that “New York courts have not yet been required to answer the question of whether this exception can apply to the two sets of federal and state fraud statutes charged in the successive prosecutions here.” | Justice Wiley wrote that “this is not a case in which the defendant’s constitutional rights are at issue,” but rather that “New York courts have not yet been required to answer the question of whether this exception can apply to the two sets of federal and state fraud statutes charged in the successive prosecutions here.” |
| Some conservatives saw Mr. Vance’s attempt to prosecute Mr. Manafort as a politically motivated attack, contending that Mr. Vance was targeting a member of President Trump’s inner circle. | Some conservatives saw Mr. Vance’s attempt to prosecute Mr. Manafort as a politically motivated attack, contending that Mr. Vance was targeting a member of President Trump’s inner circle. |
| Mr. Vance also had been harshly criticized by liberals in 2017 for not bringing charges against two of Mr. Trump’s children, Ivanka and Donald Jr., after his office investigated allegations that they had misled buyers of units at the Trump SoHo, a 46-story luxury condominium-hotel in Lower Manhattan. | Mr. Vance also had been harshly criticized by liberals in 2017 for not bringing charges against two of Mr. Trump’s children, Ivanka and Donald Jr., after his office investigated allegations that they had misled buyers of units at the Trump SoHo, a 46-story luxury condominium-hotel in Lower Manhattan. |
| Mr. Vance has defended his handling of that case, saying he ended it largely because the victims stopped cooperating with prosecutors after they reached a civil settlement with the Trumps and their business partners. | Mr. Vance has defended his handling of that case, saying he ended it largely because the victims stopped cooperating with prosecutors after they reached a civil settlement with the Trumps and their business partners. |
| In August 2018, a federal jury in Alexandria, Va., convicted Mr. Manafort of using foreign accounts to hide millions of dollars from his political consulting work in Ukraine, of tax fraud and of lying to banks to obtain millions of dollars in loans. | In August 2018, a federal jury in Alexandria, Va., convicted Mr. Manafort of using foreign accounts to hide millions of dollars from his political consulting work in Ukraine, of tax fraud and of lying to banks to obtain millions of dollars in loans. |
| A month later, Mr. Manafort pleaded guilty to crimes ranging from money laundering to obstruction of justice in a federal court in Washington, D.C. | A month later, Mr. Manafort pleaded guilty to crimes ranging from money laundering to obstruction of justice in a federal court in Washington, D.C. |
| In March, a judge sentenced him to four years in prison in the Virginia case. Six days later, the judge overseeing the Washington case ordered Mr. Manafort to serve an additional three and a half years, calling him a man who had “spent a significant portion of his career gaming the system.” |