- The Washington Times - Saturday, February 3, 2018

The Department of Justice on Friday defended special counsel Robert Mueller’s investigating the 2016 White House race, notwithstanding President Trump repeatedly labeling the government’s probe a “witch hunt.”

“The Special Counsel’s investigation and prosecutions are entirely lawful,” attorneys for the Justice Department wrote in a motion filed Friday evening in D.C. federal court seeking dismissal of a civil suit brought by Paul Manafort, the president’s former campaign manager and one of four individuals charged so far as a result of Mr. Mueller’s probe into Mr. Trump’s election and related allegations of Russian interference.

Mr. Trump, meanwhile, decried the “Russian Witch Hunt” in a tweet sent several hours later Saturday morning, highlighting again the gap between the president and his own Justice Department widened hours earlier by the White House’s release of a controversial surveillance memorandum despite objections from the DOJ and FBI.

The FBI acknowledged last March that authorities are investigating the 2016 race, including the president’s campaign, and that probe is currently being conducted by Mr. Mueller, a special counsel appointed by the acting attorney general two months later after Mr. Trump abruptly fired then-FBI Director James Comey. Mr. Manafort was subsequently charged in a 12-count indictment unsealed in October, and he filed a civil suit last month demanding its dismissal and prompting the DOJ’s response.

In D.C. federal court, DOJ attorneys on Friday sought to quash Mr. Manafort’s suit in part by defending the legitimacy of Mr. Mueller’s probe, albeit in contrast of the president’s own recent comments.

“The appointment of the Special Counsel was squarely within the Acting Attorney General’s authority and consistent with the Department’s Special Counsel regulations. And the Special Counsel is properly operating within the scope of his authority, including with respect to Manafort’s ongoing criminal prosecution,” the DOJ attorneys wrote.

“The clear object of Manafort’s civil suit is to interfere with his ongoing criminal prosecution. Under well-established Supreme Court and D.C. Circuit authority, however, a civil lawsuit cannot be used to collaterally attack an ongoing criminal prosecution. Manafort’s claims fall squarely within this prohibition and should therefore be dismissed,” they added.

Mr. Manafort, a longtime lobbyist, acted as Mr. Trump’s campaign manager from June to August 2016. He’s been charged in connection with consulting work pre-dating the Trump campaign, and he’s slated to go to trial this spring over counts ranging from conspiracy against the U.S., to being an unregistered agent of foreign principal, among others.

Mr. Manafort’s attorney did not immediately return an email seeking comment.

The Russian government’s involvement in the 2016 race and allegations of collusion with the Trump campaign are currently the subject of the special counsel’s probe as well as four congressional investigations. Moscow has denied interfering in the race, and the White House has denied colluding with the Kremlin.

The DOJ’s filing Friday came the same day the White House authorized the released of a memo compiled for House Intelligence Committee Chairman Devin Nunes, California Republican, alleging the Justice Department abused its surveillance authorities to target the Trump campaign. The DOJ clashed against the White House over the document’s release, and the FBI earlier this week said it had “grave concerns” over its publication.

“This memo totally vindicates ’Trump’ in probe. But the Russian Witch Hunt goes on and on,” Mr. Trump tweeted Saturday morning. “This is an American disgrace!”

Attorney General Jeff Sessions recused himself from matters related to Russia last year, and his deputy, Rod Rosenstein, subsequently authorized Mr. Mueller to investigate any links between the Russian government and individuals associated with Trump campaign, as well as “any matters that arose or may arise directly from the investigation.”

That probe has resulted in charges against four individuals so far, including Mr. Manafort, former aide Rick Gates, former national security adviser Michael Flynn and former campaign adviser George Papadopoulos.

• Andrew Blake can be reached at ablake@washingtontimes.com.

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