Defense requests dismissal ahead of day 11 in Manafort trial

CNN/Stylemagazine.com Newswire | 8/14/2018, 10:42 a.m.
Paul Manafort's trial continues on Tuesday, as the 11th day in court marks the defense's turn to make its case. …
Paul Manafort's trial continues on Tuesday, as the 11th day in court marks the defense's turn to make its case.

By Katelyn Polantz, Sophie Tatum, Liz Stark, Marshall Cohen and Kara Scannell, CNN

(CNN) -- Paul Manafort's trial continues on Tuesday, as the 11th day in court marks the defense's turn to make its case.

Manafort faces 18 charges of tax and banking crimes and has pleaded not guilty to all of the charges. The case stands as the first major test for special counsel Robert Mueller's team, who is currently leading the probe into allegations of Russian interference in the 2016 presidential election -- including whether there was any collusion between President Donald Trump campaign associates and the Kremlin.

While Manafort's attorneys have not said publicly what it plans to present in his defense, they did on Monday formally request the court dismiss the case, a move generally seen as procedural following the prosecution's presentation, and one that the judge typically denies.

However, Manafort's defense team thinks there is potential for the four Federal Savings Bank fraud charges to be dismissed because of previous comments made by Judge T. S. Ellis in court, who suggested the bank couldn't be defrauded if its founder wanted Manafort to have the loans.

"We believe there's not been a showing of materiality as to those counts, that the bank -- the evidence suggests that the bank did not rely on any representations made by Mr. Manafort in granting those loans, and at this time, it would be appropriate to dismiss those counts," defense attorney Richard Westling said in court Monday evening

Ellis is expected to rule on the requests to dismiss the case, in addition to another filing from the defense, when court resumes on Tuesday.

Prosecution rests its case

Jurors heard Monday from two final witnesses called by the prosecution: James Brennan of Federal Savings Bank and Paula Liss of the Treasury Department's Financial Crimes Enforcement Network.

During his testimony, Brennan, who is a vice president at Federal Savings Bank, said he faced so much pressure from his bank's chairman about Manafort's ability to borrow $16 million that he lied on a form reviewed by federal regulators and the bank's directors about the stability of the loan.

Brennan said he had given the loan a rating of "4," but added in court that he shouldn't have done that.

When asked by prosecutors why the loan received a 4 rating, Brennan said it was because of "Mr. Calk." Stephen Calk is the bank's founder.

Last week, jurors heard testimony that Calk approved the loans as he sought Manafort's help in getting a high-ranking position in the Trump administration.