Sadly, absolutely nothing about this is surprising. I spent 7 years as an Assistant US Attorney in Los Angeles last decade and I can easily recall at least 5 judges who could have gone toe-to-toe with Judge Ellis any day of the week, and many more who were just a shade more reserved.
I think it's several factors that contribute: Judges, as lifetime appointees, grow very self-assured over decades in their job. They know their jobs are totally safe. No one oversee's them or humbles them (a circuit court very rarely rebukes a district judge for his personal conduct on the bench-- it must be really egregious). They're mostly very bored: most of the time they are squirreled away in their chambers, so a trial is like being let out be out of a cage. They are overworked, so they are often irritated anyway. They are typically very smart, so their restless minds, coupled with their arrogance, are just raring to engage. And, they become bullies, because, as everyone in the courtroom knows, no one can fight back. For everyone else in the courtroom - lawyers, defendants, witnesses - professions, reputations, and, freedom are at stake. (I suspect Judge Ellis would be quite a bit more tempered if Greg Andres hands weren't tied.)
But, occasionally, there is sweet justice. A colleague in my office went on to write for a very popular prime-time "lawyer" drama. In one episode concerning a child-molester, the character was named after one of our less-than-beloved judges.
187
Don’t expect impartial justice when the judge makes the trial all about himself.
140
oh great... a showboating jurist playing for his moment in the national spotlight..
he seems to have a similar personality as chief twit -- delights in the public humiliation of underlings, slow to never to admit being wrong, decisions made to deliberately provoke..
109
Can't America do anything right? Why does the country seem to be so full of bullies, abusers, and miscreants in its public officials, executives, and celebrities? Is this a Republican thing? It is truly disheartening for those of us who need and support a fair America!
204
Judge Ellis strikes me as a man who should not be on the bench. Somehow he thinks he is god--disgusting.
106
I'm going to say, not in any partisan or personal way, that federal judges with lifetime appointments like this have always existed--narcissistic, bullying, cantankerous cranks -- and everyone in the district is always happy when he (it's always a he) finally retires or dies. Nasty judges of the future will be compared to the horrible old tyrant for as long as his memory lasts in local judicial circles.
The same fate aways Judge Ellis. "Damnatio memoriae," as they said in the pretty big Rome, as opposed to his "pretty small" one. Condemnation of his memory.
87
I am a lawyer in Canada. Our legal system is similar in many ways to the American system. "Caesars" have no place in the court room. Fortunately, courtesy has its own rewards, and discourtesy its own punishment. The reputation of judicial Caesars usually suffer the same fate as did the body of the original Caesar.
72
The judges of the Eastern District of Virginia are known across the country for their rapid processing of cases. They are widely described as champions of the "rocket docket." Judge Ellis and his colleagues took the lead from Judge Albert Bryan, Jr., who lead the way for decades.
Cases in the Eastern District regularly move at twice the speed as anywhere else. And, while those on trial get a little less justice, twice as many got timely justice. Those who regularly practiced in front of these judges -- I did so for almost a year --knew what the rules were and understood that, in the long run, they promoted justice.
It's part of a lawyer's homework to know the judge, and bickering with the judge over his justifiable conduct, however irritating, strikes me as terribly unwise. When you argue with a judge before a jury you may win a couple of battles, but you usually lose the war. And keep in mind that Judge Ellis was a pussycat compared with Judge Bryan.
15
This judge seems to be the perfect person to destroy the government's case. I can only hope his actions are from hubris and self-importance and not because he has been bribed or threatened. His actions further my contempt for his court and the American court system in general.
43
Readers may not understand that speed is a virtue
we can see this by looking at a recent news story:
when Trump starting putting kids in cages, there were some emergency appeals.
At one point, the judge allowed the Gov't to delay action over the weekend to the Gov't atty could play golf, or something like that
The judge allowed kids to sit in cages over the weekend so a lawyer could play golf
that is why speed is admirable
25
Being a retired Judge on the court of appeal in Amsterdam, I am astounded by the boorish and egotistical behavior of Judge Ellis. Hopefully the jury will be wiser than this individual who clearly is not up to the job.
81
This judge has stayed much too long at the fair. Abusive judicial behavior is inappropriate regardless of whether it takes place in a municipal court or the Supreme Court. It is not about the judge. It is about the litigants. It is not about speed. It is about fairness. Time limits should be imposed on federal judges and if a few good judges are forced to retire in order to get rid of all the bad apples, so be it.
54
It's said that the best referees in a game are invisible. This might not be a game, but this sounds like the worst performance by a judge since Sam Alito's indefensible behaviour at the State of the Union address.
31
Today the judge issued an apology to the prosecutors for his attack on them on Wednesday.
He can see clearly that the evidence against Manafort is overwhelming but he acts as if he wants to curry favor from Trump. Put Judge Ellis in the same category as Brett Kavanaugh - a highly-scooled lawyer, who is not only willing to overlook Trump's lies but to worship the ground he walks on.
Meanwhile Republicans question the integrity of Robert Mueller, a Marine Corps officer and purple heart recipient.
68
I was a DSS caseworker in family court with cases for 13 years, and have seen my share of egomaniacal judges.
Don't think they, the lawyers, other judges or the system that should monitor & supervise them have a clue how much contempt for the judicial system is engendered by how some treat lawyers, defendants, witnesses and other citizens.
They are no better than we are & should act like they understand that.
46
Sounds like the man is finally having his little moment in the sun. The Judge Judy routine is boring and profoundly inappropriate. Let's hope justice is served.
45
How does it help the cause of Justice to have a Judge continual disrupt the proceedings? All this is accomplishing is to distract the Jury and possibly intimidate them to to do the Judge's bidding, when he instructs them.
It sounds as if this Judge is not impartial.
He maybe smart, this Judge, but he is a narcissistic man.
We already have one of those in the White House. We do not need a Judge in the courtroom to suffer from the same delusions.
37
Just because Judge Ellis did not attend academically rigorous institutions like Swarthmore College or Stanford Law School Is no reason to display his intellectual insecurity by bullying lawyers and witnesses in a federal courtroom. Certainly both Princeton and Harvard are also fine places to receive first rate instruction, and even a decent moral education, if one makes the effort.
Insofar as the Knox fellowship is concerned, I believe the awards committee may have made a mistake in Judge Ellis’s case.
The committee might aspire to exercise better judgement in the future by choosing candidates who genuinely demonstrate:
"...future promise of leadership, strength of character, keen mind, balanced judgement and a devotion to the democratic ideal."
From seeing Judge Ellis’s courtroom antics and incivility an error was obviously made. Well, of course, Harvard exercised its best judgement, even if that was apparently ill formed; fortunately the trial jury of ordinary citizens has the authority to remedy Judge Ellis’s tawdry, injudicious courtroom behavior, and in so doing give a needed lesson to the Ivy League gatekeepers who allowed Mr Ellis to acquire mere credentials, with no attention paid to enlightening his deficient moral intelligence.
41
The Judge should not be making factual assertions or legal arguments to the jury on behalf of either party and it is irrelevant whether he does it for both sides. He is not an advocate. That is not his role. Asserting that Manafort was not paying close attention to his finances is completely inappropriate and the Judge should know better.
36
Judge Ellis is clearly showing his bias and arrogance. A judge should be fair to both the defense and the prosecutors it is truly a disservice to interrupt the prosecutor and tell them to "move on" implying that he, the judge is now the jury and they like him should readily grasp the scale and scope of the evidence. Truly ridiculous. Ellis' arrogantly retorted to the prosecutors that his poor behavior was beyond judicial review which is an incorrect premise in more ways than one. Judges have a much higher standard on how they comport themselves, there are many ways that Ellis could convey his views to the prosecutor at the minimum tact and diplomacy, but instead Ellis wants to essentially Tweet from the bench. Ellis does great harm to the courts by his behavior, truly a disservice for all parties interested in justice.
30
So the law likes to present itself as Lady Justice with her blindfold, sword and balanced scales.
Really?
This trial peels back the curtain, and by his own admission we get "I am Caesar in my own Rome."
So legal profession, where are your standards, limits? Where's the controls?
This case may be lost because of his antics.....and no appeal.
If judges are allowed to be so variable, even insulting, how are we, the public, to have faith when we are called for jury duty or in decisions that are rendered?
27
How could you ENSURE a totally corrupt government?
#1: Make the President un-indictable
#2: Grant the President the right to pardon his mafia friends and family members of wrongdoing
25
As a reporter for a major midwestern daily newspaper, I was required for several years to cover numerous federal district trials and occasional appellate and administrative law processes. I have witnessed the behavior and work product of Judges and deciders appointed by both parties. Not once did I ever witness a Judge engage in this kind of degrading, petty, personal conduct towards counsel and witnesses and without reason or justification. There needs to be a way to discipline this sort of thing.
67
The message Judge T.S. Ellis III gives lawyers in his court is clear: Keep questions on point, move briskly and show some respect.
Fictional barrister Horace Rumpole’s nemesis Judge Bullingham(“The Bull”) has changed venue from the Old Bailey to the USDC EDVA in the person of Judge Ellis.Perhaps this is explained by Ellis’ Oxford degree. Both jurists are comic characters but only one,Ellis can place his thumbs on the scales of justice. Rumpole’s
creator John Mortimer a practicing barrister perfectly depicts the tension between the interfering trial Judge and the trial lawyer.
7
Respect is a one-way street, it seems, for this robed tyrant.
38
This wouldn't be proper judicial behavior in a bench trial, where at least there's some leeway and the judge finds the facts. It's totally improper in a jury trial where average citizens are responsible for finding those facts. I detect a serious case of "black robe fever."
22
I covered a few thousand court proceedings over the course of my 23 years in daily journalism: municpal, county, state and federal. The federal courts have no shortage of arrogant, bumptious judges. Nothing brings out the worst in an egotistical jurist quicker than a life-time appointment.
46
I don't mind Ellis hurrying things along. I don't even mind him being short with the Prosecutors - we've all had to deal with people who were irascible and impatient.
But when he opined that " Manafort could not have been looking too closely at his money" if he 'did not notice' Gates was stealing, that was completely unacceptable.
How is this not taking on the role of defense? How is this not leading the Jury?
What if Manafort did 'notice' but realized he could do nothing about it without exposing himself? What if Manafort decided that having something on Gates was a form of insurance? Every crook knows no 'honest man' is going to work for them. They proceed on that basis.
Surprised Ellis fell for the old chestnut "would a guilty man do this?"
Even more surprised his wife didn't point it out.
17
For these judges, there should be mandatory retirement at age 70. It matters not that he earned degrees from Ivy League schools decades ago; he seems to have lost touch with reality, and his mind's "sharpness" has dwindled with age.
19
Less drama your honor and more judicial restraint.
23
I would bet the mind of a 78 yo is diminished- well past prime. I am beginning to see a pattern here. Shoot from the mouth like Orin Hatch, the POTUS, this Judge are all well into their senior years and well past their intellectual peak. When we talk about term limites, we should also consider age limits. Look around most critical jobs, industries and you'll see forced retirement. It's time Judge Ellis recognizes that his vanity far outshines his reasoning ability. Sound familiar.?
17
Is this a court of law, or a stage for T.S.Ellis who is but another obnoxious living legend in his own mind ? Truth be told, if he could let go of his ego, he might give retirement some consideration. I don't care if he did go to Oxford etc., he is a disgrace to the judiciary. Perhaps he should have his own reality tv show a/la Judge Judy, which seems more to his liking.
18
I understand a judge not wanting her or his courtroom to be turned into a three ring circus. But who’s answerable when it’s the judge’s antics that are the distraction?
On a somewhat unrelated topic, one wonders how O.J. Simpson’s murder trial would have proceeded under the supervision of a judge like Ellis?
7
It seems from reading many of these comments that people are more afraid that Mr. Manafort won't be convicted rather than that he won't receive a fair trial.
Based on the reporting here the judge is just as tough on the defense as the prosecution. The defense will be up next and I for one an anxious to see how he rips them up.
All the defense has is Mr. Gates as a "bad character". I suspect they will be quick and to the point or Judge Ellis will make their case look as hopeless as it looks to me.
The prosecution, from what I have read here, has a mountain of documentary evidence. Therefore I am pretty sure Mr. Manafort is going up the river for a very long stretch.
4
As a former federal prosecutor who tried his first jury trial in front of Judge Ellis in 1994: There's a fine line between a judge keeping a trial moving and focused on proper testimony and evidence and the trial judge being so intrusive and controlling that the attorneys for both sides are not allowed to present their case - which is a matter of unfairness to their clients - here the people of the United States in the form of their government, and Manafort, the defendant.
Ellis from reporting, comes off as having strayed over the line - which is ultimately to the detriment of justice. The judge shouldn't be a "big personality" in the courtroom nor should he severely clip the wings of the attorneys.
The irony is that the judge has injudiciously let his ego inflate his role . . ..
45
At this point, it doesn't matter if the judge is biased--the jury can't unsee his attempts to humiliate the prosecution and his pandering to the jury. The political ramifications of this case are unfortunate, and this judge's poor judgement, impatience and apparent lack of detachment give the appearance of yet another ''fix''. I hope the jury is wise enough to see the case for its merits. We're still living with the bizarre acquittal in the Bundy trial.
11
Wow, another "angry old white guy", this time sitting on a bench for life! This country really needs a constitutional convention, as it appears that we need to nearly completely rewrite the constitution to be somewhat in tune with the nearly 300 years of time since it was written.
This judge should be reprimanded, and perhaps suspended for a time. You have a defendant looking at more than 100 years of jail time if convicted, and a prosecution who has spent untold hundreds of thousands of taxpayer dollars, and all he cares about is how fast the trial goes. I'm sure the defendant will be really happy if he gets to go to jail for the rest of his life two days earlier, and for the prosecutors not being able to tell the "whole story" of their case leaves the jurors at a disadvantage to say the least.
And having him "run his mouth off" at prosecutors IN FRONT OF THE JURY, is judicial 101. Maybe at 78 he can't stay awake for a whole day? Does he have somewhere better to be? The judge should KEEP HIS MOUTH SHUT, unless ruling on a point of law, period.
Ellis it's time for you to find something less important to do if you're in that big a hurry.
15
Why the photo from 2008? Has this show boat gotten too many barnacles on his hull? Guess he had to walk back his boorish behavior eh?
Stop with the brilliant razor sharp hyperbole NYTimes. Its unbecoming and a bit reminiscent of the Trumpian blather.
1
Caesar or Caligula?
7
Sweet comb over. No ego here.
13
Judge Ellis wins the Lance Ito award for making it all about himself.
16
It’s about time we had a judge that keeps things moving and doesn’t put up with attorney shenanigans. The right to a speedy trial in this country has been missing in action for decades.
1
The right to a speedy trial refers to getting a trial date, not to the speed of the trial itself.
All parties have the right to a judge who is unbiased or, at least, doesn't allow biases to show. This judge is failing to meet the requirements.
19
The vast majority of the commenters see what Judge Ellis will never see, which is that his behavior is simply inappropriate. The thrust of the comments (boorish, bullying, rude) is that his conduct is inappropriate, but Judge Ellis will never understand that he is not there to try the case, merely to insure that objections are properly decided and later to instruct the jury. He believes, in this case as in every case, that he is supposed to let the jury know how he views the evidence, and he panders to the jury to insure that they approve of him and, more importantly, to insure that they do not approve of any object of his scorn.
Thirty years ago, I had a trial in front of Judge Ellis. He was incredibly rude to a number of my witnesses (one a Congressman and another an attorney expert witness who was, herself, later appointed to the bench), but he was extremely deferential to the defense witnesses, particularly the defense's attorney expert witness (who was later disbarred). His conduct had to have influenced the jury, which ruled against my client. I appealed on the basis of improper judicial conduct. He sent staff to watch the argument, so he cared how the Fourth Circuit would view his conduct, but although the Fourth Circuit did not approve of his conduct, it did affirm the jury verdict.
A great many lawyers will be happy to see his back when he finally does retire, but he should never have been appointed in the first place. Being smart is not enough.
44
Ellis is overstepping and has forgotten the oath he took as a judge.
Ellis is favoring Manafort (the rich referred to in the oath).
10
This is the sad excuse for judges that Republican Presidents since Nixon have given us. Only 2, Harry Blackmun and David Souter TRULY stood up to taking the law and Constitution seriously, as opposed to cherry-picking and pretzel-bending the Constitution to fit their pre-formed opinions (ie, predjudices).
The ONE saving grace of Judge Ellis's despicable and clearly biased behavior, is, if Manafort IS convicted, he, Trump, and Fox Noise can't complain that Judge Ellis was biased against him.
But if he is acquitted because of Ellis's banning of evidence that CLEARLY points toward guilt, and his daily hints to the jury that he neither likes the prosecution, nor thinks they are competent, it will truly be a miscarriage of justice.
The Judge's JOB is to ensure the LAW is followed. The jury's JOB is to determine the FACTS. That's as basic a description of function as it gets. Judge: Law, Jury: Facts.
7
In spite of his impressive credentials, Judge Ellis comes off as an irascible control freak who favors the defense in this case.
10
This judge would be an excellent choice for the forthcoming criminal trial of Hillary Clinton. Why is Mr. Manafort on trial and not Mrs. Clinton? American citizens are losing all faith in equal justice for all.. Very sad!
3
Perhaps because she hasn't been indicted?
13
As you know — or perhaps you don’t know — Congressional Republicans had several inquiries into Mrs Clinton’s connection to Benghazi, while the FBI conducted an investigation into her private email account.
None of those inquests showed any deliberate malfeasance on the part of Mrs Clinton.
Mr Manafort has been indicted on criminal charges. Despite your fervid dreams, there is no comparison between the two. Manafort is a criminal. Clinton is not.
23
Yes, agreed it’s sad— your ridiculous filibustering comment, that is. How about addressing the merits of the article instead of deflecting with the usual Trumpite Hillary deflections?
13
Sure is blatant prejudice against the prosecutors considering the judge slammed them for spending too much time on Manafort’s extreme lavish spending. Then, he allowed Manafort’s Attorney’s to spend all the time in the world on Gates and his extra-marital affairs. The judge is interjecting too much of his own prejudices in this trial. The judge seems to forget it’s up to the jury to decide ...he needs to quit interjecting himself so much. He sure seems full of himself !
8
Members of the Jury:
"I am not permitted to comment upon the evidence. If you believe that I have commented upon the evidence, You must disregard (those) such comments entirely, and not allow them to influence you in determining what the facts are."
8
Everyone has a boss, so it's a good bet that this particular incarnation of Caesar is operating within acceptable norms set forth by Chief Judge Rebecca Smith.
@JackPlease remember that federal judges sit for life. They cannot be fired by the Chief Judge; they can only be impeached.
5
The judge has just messed up big time. He agreed that one of the witnesses, a tax expert could sit through the trial. The judge forgot his previous decision and the attacked the prosecution. The judge could not squarely admit his mistake to the jury. Instead he said, I may well have been wrong. Now the jury will have no doubts about this judge. If I were on the jury, he would have lost all credibility with me. I would put aside all of his comments. I am hopeful that the jury will
11
There is a point at which you tip away from "colorful" and more toward "insufferable" and unprofessional. The overarching authority of a judge is well established, but flashes of acerbic commentary and an insistence on obeisance to his crown do not improve the judicial process and may very well impede it.
12
The judge's bullying attitude toward the prosecution is apparent to me from the news reports I read.
What I don't understand, as a non-lawyer, is why the attorneys for the prosecution have to "eat" the bullying, i.e., try to act humble while acquiescing to it or making only tepid protests which then produce further scoldings from the judge.
And this is because I don't understand is why the prosecutors cannot say, as often as necessary, something like: "Judge, we are trying to present OUR case as WE believe necessary, introducing the documents and testimony WE believe relevant and probative. Either allow us to do so, or make an OFFICIAL ruling, case by case for each question or request or piece of evidence which triggers your objections, that you consider the specific information at hand to be inadmissible--so that we can later appeal your rulings as necessary."
As it is, in my own layman's view, it seems like the judge is just suppressing prosecution evidence (you can't show that, you can't say that to the witness, you can't talk to me that way, you can't look at me that way) whenever it rubs him the wrong way or he's having a bad day (or a bad hour). I hope I'm mistaken, but I'm not encouraged by what I've been reading.
5
"To his admirers, Judge Ellis’s bluntness and impatience are indicative of a razor-sharp mind. He has degrees from Princeton, Harvard and Oxford."
I have read such comments from the Judge's admirers during this trial, and have read and seen reports from enough legal experts who chuckle or joke when asked about His cantankerous Honor. I've litigated (civil, not criminal) in federal courts for more than 30 years now and have seen my share of judges. And I don't care how entertaining the Judge is to some who appear before him, or have in the past appeared before him. His conduct in the Manafort case, particularly in those instances where the jury has been present, in indefensible and inexcusable.
28
Crooks are so common place few care about a few getting caught for income tax evasion. This trail of course as the judge full well understands is all about fire power for impeaching Trump.
1
@Dan Green And your point? Mueller's initial prosecutions in the Gambino and Enron cases were part of a roll-up strategy? What is the problem with that?
4
At least he finally admitted he was wrong about his treatment of the prosecution.
6
What is a layperson to think about the integrity of our legal process as we witness the conduct of this judge whether he is wittingly unwittingly aiding either the prosecution or defense? Obviously, judges exert significant control over the process, but if this proceeding represents due process we should be concerned. FWIW, I agree with the judge's admonishment early on about the prosecution's focus on Manafort's lavish spending, but find he judge's apparent narcissism troubling. Whether he went to the colleges mentioned or is fluent in foreign languages is not the least bit relevant to me and the article should have omitted their mention.
4
I am a trial lawyer, and I've had to deal with ego-driven judges like this time after time. This is what happens when you give people like this virtually unchecked power. This man is full of himself, and he knows that the 4th Circuit appeals court will look the other way every time. It's telling that he was chosen by Reagan. This is a law and ego judge who needs to get a life-lesson. He's a disgrace to humanity, and he reflects the mentality and morality of a country that could elect a person of such low character as Donald J. Trump.
27
@robert bloom "It's telling that he was chosen by Reagan." Really?! I think it's telling that this is the way you choose to criticize. No analysis of 30 years of judging, just like I imagine you choose not to like Kavanaugh - why read his 300 opinions, you might learn something about what he will be like as a Supreme Court jurist. Of course, that would be too much like work. No, the singular event of his nomination and by whom is all that matters to you.
1
Judge Ellis, you may be Caesar, but we're not in Rome.
18
The article only reports what lawyers learn quickly. Federal judges, especially district judges, can be virtual tyrants. Although there are some decent human beings one the bench, they seem to be the minority. Most judges are rude to lawyers, clients and witnesses alike. It is difficult to obtain a reversal for such behavior because a trial transcript often does not capture this behavior and circuit judges appear reluctant to criticize their brethren for rudeness, even though it can affect a trial's outcome. Jurors identify with a judge and instinctively pick up that a judge dislikes a side, undoubtedly inferring that the judge's attitude reflects lack of legal merit in a party's position. As an attorney, you have to ignore this nonsense because engaging with a rude judge is a losing proposition and only hope that more abuse is dumped upon your adversary. If I were ever nominated, my written application would emphasize that I would strive to be courteous to all litigants and attorneys, carefully explain the basis of my rulings, reexamine continuously my leanings on a case and never assume that I knew the final answer before I carefully considered the position, and listen carefully before I spoke. Perhaps, some of these ideas should be stated in a new judges oath.
7
It's good that such imperial judicial behavior is being outed, especially in a case of national importance. It's bad that such behavior occurs unnoticed in courts across the land.
9
This judge is on a power trip.
We would all be better off if he humbled himself and allowed the public prosecutors to do their job in peace.
The Muller investigation has a few different dimensions. Aside from pursuing criminal charges it uncovered among Trump’s cronies, it is actively pushing back against an autocratic President who seems to think him, his family and corrupt billionaire friends are above the law.
Judge Ellis’s behavior is damaging these efforts and raising questions as to whether his professional integrity has been compromised for one reason or another.
12
I just see a bunch of partisans whining and setting themselves up to blame the judge if Manafort is acquitted. The partisans forget that Manafort is entitled to a presumption of innocence, and that prosecutors are permitted to only produce legally relevant evidence to the jury. The prosecutors are not permitted to poison the jury with facts or stories that are not legally relevant to whether the defendant committed the crimes of which he is charged. The same rules apply to the minority man who is charged with murder; the prosecution cannot tell the jury about all of the prior crimes committed by the defendant which say nothing about whether the defendant committed this crime.
4
@Tony And did you read about the judge's apology this morning for his false accusation against one of the prosecutors? After Mueller's team submitted a court filing calling him out? This judge may or may not be more of an abusive capricious tyrant than other judges--but he is past his expiration date, IMO.
6
@Tony The actions of a criminal with the loot that they have stolen is ABSOLUTELY relevant to the crime. A man killed a UM professor here last month. His actions with the computers & phone that he stole, and the businesses he interacted with will certainly be part of the case presented - it is already being reported, as it was part of how he was caught.
What Manafort purchased with the millions of laundered money are the breadcrumbs of the crime.
8
@Tony I largely agree with your comment, but having read all the others I think the larger point, which I also saw on the comments to the NYT article criticizing Trump immediately after Helsinki ("traitor!"), is that what's really going on here is a public shaming, not commentary on whatever points are raised by the article. It's pathetic that all the NYT has to do is say or imply jump in an article, and 98% of the commenters will do so in lock step (jump?). They're entirely predictible, banal even in the predictibility (if not the passion of the shaming, usually to my taste misguided if not insane), and I mainly read them to have my observations confirmed which, sadly, is almost always the case. NYT: the current partisanship in so many aspects of our public life starts with you. You actually make Hannity look fair and balanced, quite a feat. Bravo!
1
So when is he getting his TV who? Rampant egoism, gotta love it.
4
Judge Ellis could give Trump pointers on how to bully.
12
Pompousness and grandstanding does not serve the people of the United States well. It may serve his own ego and self-entertainment, but not the people. He should consider a move to a Judge Judy type television venue.
18
In a jury trial one of the court's most important objectives is to assist the jury in achieving an unbiased understanding of the evidence presented and the arguments being made about that evidence. Lawyers presenting and arguing on either side of a case may from time to time engage in behaviors that impede that objective. Whether they do so innocently or not, it is the judge's duty to intervene as needed.
Remember, in our system of criminal justice prosecutors bear the burden of proof beyond a reasonable doubt. This leads some prosecutors to over-try their case, believing that the more evidence they put on the better. But the effect can at times be overwhelming to a jury. That can be particularly true in cases involving allegations of complex financial crimes.
Ellis is not fundamentally wrong in leaning on prosecutors in these cases to keep their presentation clear and focused. He could probably stand to be a bit more gentle about it, since how he goes about reigning in a prosecutor's case can also impede the objective of assisting the jury's understanding. A corrective instruction such as this one implies both a serious failure on his part, as well as his own admission of that failure.
3
The bad news is how the jury is taking in Judge Ellis' comportment. The good news is that his comportment is grounds for referring the matter to a higher court to determine if Ellis' behavior damaged the prosecution's case.
So much is being written about the judge, this won't be swept under the carpet, with many a legal analyst observing that the judge is damaging the case.
This brings me to the topic of judicial appointments and the election of judges... We're the only country in which these positions are handed out in this way. Everywhere else in the world, judges are a part of a civil service and come up through the ranks, through rigorous training, requalification and examinations. We need to fundamentally change the way we get our judges. Judge Ellis is as totally inappropriate and outrageous in this role as Judge Persky was in California. So are judges who amass millions of dollars to run political campaigns to go on and repay political favors from the bench.
This stinks to high heaven. It is one thing voters and legislators should consider once Trump is gone, along with invalidating all of the judicial nominations made during Trump's term under a bought Congress.
---
Things Trump Did While You Weren’t Looking
https://www.rimaregas.com/2018/08/07/greed-malfeasance-never-sleep-blog4...
12
@Rima Regas
Please find and read my comments.
"The bad news is how the jury is taking in Judge Ellis' comportment. " - how do you know?
This was a bad news story.
1
Ellis comes across as side-taking and otherwise inappropriate... to the point of potentially swaying the jury. He is not showing the restraint, sobriety, and impartiality befitting a judge. In expressing his own biases, he's been hard on the prosecution (sometimes in peculiar ways). And his obsession with moving the case forward at an unrelenting pace often comes at the expense of properly sharing evidence with the jury. It will be telling to see if this Republican appointee treats the defense as impatiently and disdainfully as he treats the prosecution — or if he just adheres to an openly partisan stance.
6
The US is pretty much alone in the world having geriatric judges, presidents and members of Congress/parliament. Retirement, generally by age 70, is an expectation for the very good reason that no elderly person is as sharp, in touch with modernity, capable of emotional regulation or just plain competent as a younger one. It's tragic that American politicians and jurists hang one, relish their power and income, when they really ought to be doing something more in keeping with their stage of life.
5
@Cephalus
Canada barely has any litigation, and has very few courts.
They are heavily biased for the Canadian company, not matter what that company is accused of doing wrongfully.
@Cephalus
So you support forcing Supreme Court Justices RBG and Breyer to retire and allowing Trump to appoint younger Justices to replace them?
Many commenters sharing stories of 'abusive judges' they have had to deal with.
I wonder if these lawyers really want to live in a world where judges and lawyers are buddy buddy, working together to yield their immense power with impunity.
Surely they realize that for the average American, it's rogue prosecutors and civil injury lawyers that we have much more experience being abused by, that scares us much worse than a demanding judge.
Lawyers wont get much sympathy for me. Ellis, go harder!
1
This is simply a bad judge. Keeping control of the proceeding is one thing, interjecting yourself unnecessarily in a way that could affect the jury's perception of the parties and their attorneys is another. It's extremely unfortunate that a better judge could not have been assigned to this important case.
5
"Black robeitis" is the term used in my area to describe judges' conduct that is regularly arrogant, rude, and demeaning to lawyers, litigants, court personnel, and others appearing in their courtroom. In my experience, this phenomenon can arise at any level of the judiciary, from the highest levels of the federal court to the lowest ranks of state traffic courts. It can be exhibited by judges both young and old, male and female, Ivy Leaguers, and state law school graduates. It may arise in people who were generally considered to be mild mannered, considerate, and polite before assuming the bench, those who have always thought themselves to be the star of any show they were in, and attorneys whose behavior was always deemed to be just plain erratic by their peers. Judicial colleges have recently placed much more emphasis on professionalism training for judges, and state bodies responsible for disciplinary actions can and sometimes do impose discipline for this type of abusive behavior. But to try and identify any one factor, such as age or length of service on the bench, that can be reformed to eliminate black robeitis is misguided. This type of individual will continue to be found on the bench as long as human beings are our judges, and, fortunately, are a minority of those who serve us in that capacity.
3
@Sheilah McAdams
An unlawful detainer proceeding in Civil Court is just a summary proceeding, and not a complete civil action. You have to vacate in order to receive the entire benefits of the law, and equal access to the law. This is because the rental property owner filed an unlawful detainer action which means you are unlawfully occupying the rental property. All unlawful detainer actions are completely unbalanced.
After numerous incidents from the bench, poisoning the jury's deliberative mindset, is it at all possible that we have here a somewhat, prejudiced, or senile, (even racist), Reagan appointee as a sitting Federal judge?
Is it at all possible that he momentarily forgets that he is supposed to be an impartial arbiter of the Court; acting in subconscious, personal animus, personal opposition to a Black Federal prosecutor, acting on behalf of the People of the United States?
1
@Eisenhower Dwight D.
No he is not forgetting, he never bought into that idea. Do not forget that reagan is the president who appointed a judge who ruled from the bench, (paraphrased) "I do not care what the facts say I "Believe" this to be the truth and I am not going to be restricted by facts that prove otherwise in my ruling." and by that setting the precedent that Judges no longer had to restrict themselves to the facts of a case if their beliefs ran counter to it. Hence the ascendancy of religion and these ridiculous people like the bakers who won't bake!
BTW that baker did not win his case the State of CO lost it because the Justice's WRONGLY asserted that the state board pointing out that baker man's argument was the same kind of false comparative argument used by Nazi's and other bigots and racists was somehow prejudicial to baker man. Nope it was just the pointing out of fact to make very clear to baker man that his argument was not making any headway with them.
2
I was in landlord tenant court and was being evicted because the owner wanted the apt for his son (3-fam home in Brooklyn). I brought my friend Rob, who's a lawyer, the owner was unrepresented. The owner's case was thrown out because, as the judge explained: "This is a very technical part of the law, your paperwork is incorrect, what you have to do is..." He went on to tell him how to do it correctly. "Rob, Object! He's telling him what to do, that's not his job." The judge was not happy. To Bob: "Do you want to sit here?" I jumped in, "You're telling him what to do, let him get his own lawyer!" "Do you want to sit here?" "No, sir, but if I did, I'd know the difference..." He cut me off, he threw us out, told the owner to get some advice. I got what I wanted: to stop the judge which got me more time. In anticipation of getting the same judge I went to the chief judges office to explain what happened. She said "judge "X" is a good technical judge, he knows the law but his manners aren't always the best. If you get him again ask for a recusal, if he denies you tell him you want to see me." "Thanks, so if he knows the law...are you saying there are judges who don't?" She smirked and nodded. Complain about bad judges. In this case she knew he was difficult but it didn't let it stop her from helping. Later on the owner was caught breaking into my apt to force eviction, he was caught and had to pay for my moving expenses x3. Complain, it goes on their record.
3
The commentators of this news article (which it is and not opinion), know that Judge Ellis made somekind of proclamation that the Prosecution in the Manafort criminal case, did NOT have sufficient evidence to prove their case, without the testimony of a witness namely, Rick Gates. That is how I recall the entire back and forth about whether Rick Gates was going to testify.
Though Judge Ellis makes the case participants ill at ease with his sharp instructions and criticisms (relentless perhaps), he succeeded to convince the Prosecution that without Rick Gates's testimony to back up the paper evidence, the prosecution could not prevail.
Think about it.
Would we have any of these facts which are truly mind "blowing" regarding what Manafort was doing prior to working for the present President and through the time he was Trump's campaign manager if it were NOT for Rick Gates' testimony in the case.
Lastly, getting yelled at by a Judge is a no win situation. It must hurt the lawyers prosecuting the case.
The answer is, yes, we would have virtually all the facts about Manafort's slimy dealings without Gates' testimony. Besides his wardrobe preferences most of this, and much more, is already public knowledge.
1
I am a retired teacher. And teachers are like judges. They like center stage. They like to ham it up.
They should resist the urge.
Ever hear of Judge Jeffreys? After an abortive uprising against King James II (1685). . .
. ..this wretched man came into his own.
There were trials all over the place.
And hangings.
And Judge Jeffreys enjoyed ever minute of it.
As when some lady was condemned to be whipped. Well, SOMEONE had to do the job. His Honor gave the man some advice;
"It is cold weather for Madame to strip in. See that you WARM HER SHOULDERS. See that you warm them THOROUGHLY!"
Nice. Very nice
I think Judge Ellis should restrain himself a little. Never hurts. And oh yes. . . .
. . .he is NOT a Caesar in his own little Rome.
We are NOT the Roman Empire. We are NOT Roman citizens, quailing at the scowl of Nero or Caligula.
We are a DEMOCRACY. Judge Ellis' decisions can be appealed. Maybe they SHOULD be appealed.
Caesar--well, we all know what happened to CAESAR.
And three years after his glory days, King James II was overthrown. Our eminent judge, fearing for his life, disguised himself as a sailor and went into hiding.
And his VOICE gave him away. That terrible, thundering voice--it sounded (said one witness) like the Last Judgment.
They dragged him from a tavern to the Tower of London.
Where he died.
Judge Ellis. Your Honor. . .
. .i would cool it if I were you.
I really would.
2
Only the defense has the right to appeal a verdict. The prosecution can object and appeal on certain procedural grounds but they almost never win.
1
Waiting for a Sarah Jeong tweet to confirm the headline..
2
Judicial power corrupts. 30+ years on the federal bench (a position with few constraints) is too much.
5
Judge Ellis III has stomped on the scales of justice in favor of former Trump operative Paul Manafort, although you wouldn’t know it from this Times report.
Most damning: When prosecution witness Rick Gates said that defendant Manafort was “very good at knowing where the money is,” Judge Ellis interjected, “Well, he missed the amounts of money you stole from him.” And among many other egregious acts of bad faith, Ellis prevented the prosecution from showing jurors exhibits to accompany witness testimony.
That a judge who declares himself “Caesar in my own Rome” has not been removed from the bench demonstrates how deeply the rot runs in our nation’s compromised judiciary.
6
@MSK
This isn't an Oakland California Alameda County case.
This is a Federal - fed crimes committed and investigated.
There isn't any STOMPING on people.
All Judges steer the cases, not matter the type.
Ellis is a strong Judge.
Wait until you have read the actual transcripts.
I am amazed at the different vibes between this story and the one in The Washington Post. Possibly the reporters are the point of interest here and not the judge.
3
@saurus
Saurus in Viriginia. What I am amazed at is the shallowness of the readers and their comments.
Everyone knows that the Court is the Judge's domain. The Court of Judge Ellis IS his court, as any court is in the US, state, muni or Federal.
I would not pass any judgement on the present criminal case, until and unless I have read in hand verified, court approved (as by both sides) transcripts of the alleged and reported comments by Judge Ellis.
Readers are quick to doom the case based on very scant information. It's the jury who is listening and at the very least this JUDGE is transparent, and does not dilute or change his methods, which apparently both defense and prosecution knew of going into the case.
Far better to have a task mastering judge who drives the case because when there are mountains and mountains of evidence, minute or micro or major.
Also, I repeat. The fact is that on the Friday before Rick Gates did agree to appear as a witness, Judge Ellis pronounced to the Prosecution ( whether he did it in front of the jurors I don't know) that he did not believe the prosecution who prove its case of crimes by Manafort, without witnesses to back up the paper evidence. Judge Ellis's evaluation did propel the prosecution to act.
We would not be arguing herein whether Judge Ellis has the correct judicial conduct if it were not for the testimony of Gates.
Thanks for the tip on the WPO.
1
Judges who are bullies contaminate trials. Fortunately jurors can usually see whom they favor. The best judges are the ones who are respectful and quiet --provided that trial lawyers play by the rules.
Putting on a black robe does not elevate one to sainthood, but some judges think it does. The judges who retain their modesty are the ones who are remembered and respected.
13
@peter Bouman
What so many "public servants" seem to have forgotten since reagan purged the decency from our republic, is this; when they are in office, any office, they are in effect the lowest ranking person where ever they are.
It is that willingness to put aside ones own standing as a Citizen equal to all others, and Serve the people's interests above ones own to effect good governance in all its parameters which is the source of the respect given to public servants.
Well it used to be now it seems most think respect is automatic with gaining the office by any means.
1
Black Robe Discease. No cure as been discovered to date.
6
About the only defense of Ellis' behavior would that he is sharpening the arguments on both sides and that he is being overly careful not to let the prosecution run amok. But this is not a normal case and he appears to be embarrassing himself. If Manafort somehow gets off despite overwhelming evidence, he can take a seat next to Lance Ito as a complete idiot.
6
@Floyd Hall Well, let's see. This is a complicated technical case, as all paper cases are; OJ slaughtered two people with a big knife, not so technical. Actually your better comment is to lament that we didn't have Judge Ellis at the OJ criminal trial, don't you think?
1
Does he also have a show on Fox?
6
I know any number of people whose academic records are a match for Ellis's and none of them are petty tyrants.
5
You want respect? Then do something respectable Bozo!
Here's a hint maroon, You are meant to preside over the proceedings, not be part of them or engaged in them. Everything I have read about him says he is engaged in the trials he is meant to be presiding over. Has he ever heard of the "disinterested third party"?
Why are all republicans so obviously, openly and comfortably corrupt?
More importantly why is it they are not held to account for it?!
Who are the maroons that cannot point at reality and drive home the fact of what is there with their words?!
5
The judge in the Manafort trial is a public servant who needs to remember that fact. The courtroom is not his. It is simply put in his trust while he oversees the people's business. He should do his utmost to treat his job with the respect it deserves - and the unearned respect he demands from the attorneys practicing before him. If Mr. Ellis doesn't like it, he's free to go back to being "Taz" in private practice.
16
Some judges think they know the cases before them better than the lawyers trying them, and attempt to steer the presentations to what they think is most productive...in effect, trying the case himself for all the parties.
Not surprisingly, judges like that think that their own humorous and folksy asides to juries are well worth the time.
This Judge Ellis should know better. It's not such a simple and common case that his occasional exposure allows him to direct the show better than the teams that have put months into it.
5
Before you comment on the apparent bias by the judge, remember that the trial has two parts: the Prosecution followed by the Defense. We're still in the Prosecution presentation. Next week we will get the Defense side. I am hoping the judge will be equally harsh with the Defense side and yell at them for making faces too.
4
Look at me when I'm talking to you!
4
The Eastern District of Virginia district court isn’t known as “the rocket docket” for nothing.
1
If this judge were a woman, she would never have been chosen for the bench, much less been allowed to reign. Why di people lionize abusive old white men in power? This judge exploits the power of the bench and uses his position to intimidate and dominate the attorneys before him. I don’t care if he favors this defense team or that prosecutor; he is a disgrace.
13
This kind of imperial Judge Judy showboating is an affront to our judiciary.
Judges, even with life terms, are to comport themselves inside of judicial constraints, this is to insure the process is fair -- and appears fair --the bedrock of our judicial system.
This is not Judge Ellis courtroom, it is The People's, he is there only for a time -- as an honor bestowed upon him by The People. Lord Acton could see that (seemingly) absolute power corrupts (or at least distorts).
(Bedrock) fairness matters far more than (particular) judges.
913
@Marty O'Toole Having served on a jury, having a judge who keeps things moving and efficient is a god send. No juror I know of wants to spend extras days in court. It didn't sound like he plays favorites. Lawyers seem to like the sound of their own voices and produce too much mumbo jumbo with words. Keep it direct and simple.
5
Add to this his response to the application by the prosecution to correct his erroneous attack yesterday for the presence of the witness in court during the testimony of other witnesses...............as he had previously ruled was acceptable. He was not straightforward with the jury in his brush of of his mistake.
He is missing another attribute of fairness. Integrity
He is shameful
44
@Marty O'Toole
And then there's Lenin's Bay Area 9th Circuit bench of DNC clerics. Take "Caesar" any day over that biased bunch.
2
"This judge is straight out of Rumpole of the Bailey, with his list of judges including Judge Bullingham (The Mad Bull) and Judge Gerald Graves, AKA Mr. Injustice Deaths Head Graves..And the frequent way Rumpoles judges make it quite plain to the jurors that Rumpoles case means nothing, much to Rumpoles distress, since the judge is thereby violating the 'golden rule of British justice'. It's quite sickening to see this judge's behavior so aptly fitting in to Rumpoles list of incompetent, unfair, and completely egomaniacal judges who have no perspective on their place in the world.
5
@Grace Thorsen I disagree with your conclusion but applaud your apposite literary reference.
The judge obviously wants to be a prosecutor. He should step down and become one since he thinks he’s so underpaid. What an ego. He brags about personality flaws that an emotionally intelligent person would work on resolving.
8
He is the Aaron Persky of the federal bench except we can't vote him out of office.
So Manafort might walk free because this judge is an egomaniac??
13
"He has degrees from Princeton, Harvard and Oxford."
Are we to infer that having a degree from Princeton, Harvard, Oxford, any other comparable school, or all three together, counts as a pass or proof of excellence? I'm always troubled whenever a degree from a high-brow institution is invoked that way, quite honestly.
And I can only agree with all of the founded criticism of Judge Ellis, whose narcissistic behavior is bound to have an impact on the jury, one way or another.
807
@Writer Kris Kobach has degrees from Harvard(summa cum laude), Oxford and Yale and he regularly sounds like he has taken an overdose of 'stupid' pills.
26
@Writer
Based on what I have read he is not half the man he thinks he is and does not measure up to 1/8th the legend put forth about him.
24
@Writer
Yep, degrees from prestigious institutions can allow one to be seduced by the realm of "the mutually reinforced, greatly over-exaggerated sense of self importance," if one is not careful. It's not that people who earn degrees for these schools aren't intelligent, it's just that sometimes they aren't very smart, if you catch my drift. "You Don't Know Everything And You Are Not Right All Of The Time" should be printed in bold caps at the top of their diplomas as a gentle reminder of the obvious.
41
I think we can all agree that he will be played by Paul Giamatti in the upcoming movie!
4
Attention-seeking by a starry-eyed judge, which now threatens to bias a jury's decision. He may be 'brilliant' as you state, but not brilliant enough to run a courtroom in a fair manner.
8
He'll have a great future in TV. He sounds just like Judge Judy.
4
@Cary Fleisher
Not as attractive, though.
Ellis is clearly suffering from what a former boss of mine (himself a judge) called "robe-itis". He is an an abusive, arrogant bully, and needs to be off the bench.
16
@Joan P I think he must also be essentially lonely - what sort of boor has to quash everyone else, but pretend the jury doesn't see that, but only sees how 'charming' he is, and additionally introduces information about his OWN life or his own predilections (what they are having for lunch) to this important public forum. I think he must go home to an empty house and an empty bed.
1
Speaking of Rome, members of the College of Cardinals cannot vote anymore once they hit 80. Enjoy your last few months, Judge.
3
I admire a judge who makes a nationally significant case all about himself. This is why judges should have term limits.
6
Why would this judge limit the prosecutor from presenting evidence about Manafort's rich taste while allowing the defense attorneys to ask questions about Gate's sex life for as long as they want?
Ellis' bullying from the bench is not impartial. It appears that Judge Ellis has an agenda in which he sides with whichever side the right wing wants to win. In this instance, it is the defense, but if Manafort had been Hillary Clinton's campaign manager, no doubt Judge Ellis would be bullying the defense.
That doesn't make his bullying "impartial" -- it means it is based on his own biases.
Judge Ellis seems angry that a tax evader would be prosecuted for tax evasion! Why would that anger Ellis so much? Because the tax evader happens to be important to the Republican cause?
Ellis is allowing the defense lawyers to go on at length uninterrupted, while gratuitously attacking the prosecutors. Why?
696
@RJ...Manafort's "rich lifestyle" was paid for by failing to declare income and pay taxes that We the People had to "make-up"...why is that not relevant to the jury?
43
If appointed by Reagan, then he has been a federal judge for over 30 years. More than a razor-sharp mind is needed to be a good judge. Based on the news stories, it appears the judge lacks judicial temperament. Judges can be demanding and fair, and show the courtesy to the attorneys and parties and witnesses that they would have expected when they were in private practice. He needs to retire.
13
ELLIS is like all GOP-types, narcissistic and testosterone tipsy. Yes, it the age of bacteria and bloviation, so he reigns supreme. To toy with justice with an obvious bias should send the ROMAN to the thumbs down corner.
4
Look at me. How dare I be so (intellectually) beautiful?
A narcissist and a tawdry bully! Our society has evolved but Judge Ellis remains stuck in the 50's. Off with him!!
5
He seems to be getting crankier over the years. He should consider stepping down after this trial. He has already reached the top of his game and is on a downward path. If not, his judicial colleagues should censure him.
6
I haven't watched the trial live but based on the accounts I suspect this judge also has unreported foreign accounts.
5
He makes a good argument for term limits for federal judges.
8
A frustrated thespian.
Join the circus, Judge.
7
My fear is that if there is a conviction, Manafort will get a pardon from Trump.
1
This judge is an embarrassment.
9
Many federal district court judges see themselves as Caesar in their own Rome. Maybe Caligula would be more accurate. They are rude and wholly without respect for the parties and the attorneys. They do not foster respect for the law. People laugh at these petty tyrants. They have life time appointments and therefore do what they wish with impunity. The legal system is undermined by them. It is no excuse to say they are tough on both sides. Often they are not. In the present case Judge Ellis may be setting the stage for a successful Manafort appeal.
11
This guy has a serious case of Black Robe Disease.
11
All federal district court judges need to walk a fine line between being autocratic bullies and checking the awesome power of federal prosecutors. Then, there's also the incompetence factor, as many prosecutors and defense attorneys are simply inexperienced or ill-trained to conduct a criminal trial properly. All told, judges have a difficult job making the courts function reasonably well -- and they do. However, it's undeniable that judges make mistakes, including becoming too arrogant and self-absorbed. But, like baseball umpires, their mistakes and misdeeds are usually reviewable and don't often affect the ultimate outcome. The lawyers get worked-up in the heat of battle, but they are best advised to concentrate on making their case, instead of focusing on the judge.
1
Be Judge not an egotist.
5
For a no-nonsense guy, the judge has somehow managed to allow considerable testimony about Mr. Gates' sex life. Oh well, that's probably more interesting than some guy's tax returns.
10
What a country this is!!! We have an unfit, narcissistic president AND unfit, narcissistic judges! How lucky we are!! I'm an old guy myself, but I'd love to get into a boxing ring with Judge Ellis and box his ears.
6
Everyone who ever set foot in Ellis's courtroom shares the same experiences. With a modicum of research, Mueller's prosecutors (one of whom is married to a federal judge) should have known what to expect and prepared accordingly. Instead, they've had one open conflict after another, and although it's hard to imagine a northern VA jury really allowing this to taint their decision, maybe it wouldn't be an issue at all if Mueller's team had done a little more homework.
1
This judge tires of laboring in obscurity for low pay and wants a share of the limelight. Rudy Giuliani tired of doing traditional lawyer's work and found another line of work more suited to the limelight. Maybe this judge should look for another job if he cannot avoid running his mouth and affecting how the jury views the litigants.
8
This judge seems to know that without the power of his judgeship his opinions would be dismissed as the babbling of a boring old man.
9
So here we obviously have a corrupt judge doing his best to protect Trump and his cronies. The speed at which the USA is plummeting into Fascism is incredible. This stuff no longer surprises me. I'm totally numb to it now.
14
The fact that this judge is clinging to power to feed his ego at 78 is telling of what a vapid, empty life he would have without his dictatorship.
11
Speed over timing, development; his questions, comments over those of either side’s attorney. It’s not “his” Rome. It’s ours. Equal disrespect for the roles- equal disdain, interference- not the standard I agree with. A ref that makes equally bad calls for both teams....is still making bad calls.
16
It's just another "Throne Job," one that unfortunately can go to a person's head. People in these positions need to be reminded that they are not kings or queens on a throne, but servants of the people who are expected to conduct themselves as such by We the People.
10
Judge Ellis is a narcissist and a bully. His abusive behavior towards lawyers is misconduct. I've appeared in front of judges like him before. They get away with this behavior for years, rarely being held to account. I have nothing but contempt for this man who confuses his own ego and petty power hunger for authority.
22
Judge Ellis' behavior makes me think less of our judicial system, because his antics are acceptable.
Then again, look what/who we have in the top court and their antics.
It's out of order. (gavel slam)
3
It is theatre, after all.
It's just theatre with a heavy purpose.
2
This is a case in which both the prosecution and defense have enough on their plates. The last thing they need is Judge Prima Donna!! Unfortunately our court system has allowed this to happen. There must be a way for judges to be admonished when they behave improperly. Question: who judges the judges?
6
Facts will decide the case; not the judge or lawyers. Documents of Manafort's guilt are plentiful. Ignore the judge; ignore the lawyers;believe the facts. Manafort is toast. GOP is corrupt; remember; Manafort was Trump's campaign manager. Remember; Gates was with Trump thru the inauguration. Vote out GOP. Ray Sipe
3
This judge makes the case for mandatory retirement age.
10
This morning, Mueller's special counsel filed a motion asking for "curative" instruction for yesterday's outburst from Ellis. Ellis apologized to the jury.
5
@LLDove
“I was probably wrong.... Any criticism of counsel should be put aside — it doesn’t have anything to do with this case.”
You'll have to point out the "apology" here - there was none. Ellis couldn't even be bothered to read the transcript that would plainly show he was wrong. What a jerk move - one of many.
14
Judge Ellis is the conservative's Lance Ito. A Republican appointed by Ronald Reagan, Judge Ellis may have a hidden agenda here. No one knows yet because the defense hasn't started its case.
5
Perhaps the judge is like the media. He knows who is going to win, so he's rougher on that side than on the other to avoid the appearance of bias.
Doesn't that sound like the harsher press coverage of Hillary during the campaign?
4
Judge Ellis made the point on the onset that this trial will be about tax evasion and money laundering not Manafort snitching on Trump to cut a deal! Wait until the judge gets the defense and you will see he pulls no punches! He's keeping the insane politics out of his courtroom!
2
A Caesar in his own Room.
3
Ellis knows this is a farce put together by the Democrats. If Manafort is convicted President Trump will pardon him. The government knew what Manafort was doing 10+ years ago and took no action--this is a witch hunt. Before you jump to give me the leftist/Democrat retort on this--remember the government could soon be after their next political enemy and it could be a Democrat. The motivation to prosecute Manafort was political not legal.
1
@Jonathan Tell us all which Democrat(s) put together this farce of which you speak?
3
@Jonathan
So you would prefer that Mueller simply ignore criminal behavior when he finds it? I don't know what farce you are referring to because Trump's inability to keep his story straight about why he fired Comey is what led to Mueller's appointment in the first place.
1
A top to bottom review of federal judgeships is required if this is the norm - or even representative of a mere slice of the federal judiciary. I have little faith in the staying power of lifetime appointees, particularly at this critical juncture in our history.
9
@Justin Has it occurred to you that thwarting before they start the populist passions of the moment to "review" the federal judiciary is precisely the purpose of lifetime tenure?
Seems lifetime appointments often go right to the head of some judges. Unfortunate, too, that their politics seep into the courtroom.
7
To judge ellis : Yes M'lord, and thank you Your excellency, may I have another?
3
I am a criminal defense lawyer who has handled two drug trafficking cases in front of Judge Ellis. In the first one, the defendant entered a guilty plea and cooperated with the government. The judge was respectful and polite throughout.
It was a completely different story with the second client, who fought his charge. Beginning at the pretrial hearing, the judge constantly interrupted and criticized me, refusing to allow me to complete my arguments. (Never once did he do this to the prosecution.) As soon as the trial began, he was at it again.
At one point he interrupted me to criticize the wording of a question, ending his harangue with, "You can trust me on this, counsel. I have taught at the Nat'l Institute of Trial Advocacy in Boulder, Colorado." I replied, "Thank you, Your Honor. I, too, have taught at NITA, as well as at Harvard Law School's Trial Advocacy Workshop, and I disagree with you." Two of the jurors laughed aloud. Ellis pretty much backed off after that.
I was very disappointed that he was not present when the jury returned the not-guilty verdict. I really wonder what face he would have made.
He is giving the prosecutor in the Manafort case a hard time, but I believe that is mostly a personality clash. He virtually always favors the government in a criminal case.
25
Given what this trial is costing us taxpayers I can understand the judges desire to move things along, so long as it is not injustice.
3
When involved in an intense activity like an attorney defending or prosecuting a case in court, the attorney most likely enters a kind of hypnotic zone of extreme focus which allows their thoughts to freely flow and also allows them to disregard their surroundings.
For example, something similar occurs, like a single mindedness, when we write comments. We more or less enter an altered state and ignore our surroundings while our thoughts flow effortlessly through our fingers onto the keyboard. But if interrupted we lose that flow and where we were. And we can even find it difficult getting it back.
Thus, Judge Ellis's often sardonic parent berating child remarks and intrusions might be forcing attorneys out of their flow and thus off their game. And having been an attorney himself, it seems he would be more respectful and thus "cease and desist."
9
This judge is showboating.Basking in his last high profile trial. Clearly he loves the media attention. Unfortunately he has forgotten that his job is to seek justice for all the parties involved. Not to succeed Judge Judy.
24
Judge Ellis may be making life difficult for the prosecutors (and Manafort's lawyer, to a lesser extent). But even if the jury disbelieves Gates and Manafort's tax accountant and Manafort's bookkeeper (all 3 of whom were granted immunity), don't the prosecutors still have a winner based on Manafort's tax returns? A key question on those returns is whether or not the taxpayer has a foreign account. I've always answered (truthfully) "No." Reportedly Manafort answered "No" too, but he apparently did have Cyprus accounts. If that's so, hasn't the prosecution established tax fraud based on that untruthful answer, regardless of what Gates and other witnesses said?
186
@MyThreeCents Actually no. The Cyprus accounts were registered to a person in a local law firm known as "Dr. K". You'd be right if Manafort himself had those accounts in his own name (and he'd be an idiot in addition to a tax cheat if he had answered "no" to your foreign account question). The prosecution has to prove those foreign accounts were really under Manafort's control regardless of who they were registered to. That's also why the defense is pounding on Gates since it becomes a question of "who you gonna believe?"
3
@MyThreeCents, don't assume anything when it comes to predicting outcomes in a trial. Sometimes a subtle (or not so subtle) nudge from a judge can push a trial towards an unexpected result.
4
@MyThreeCents I think you're right, but the problem is that intent ("willfully") is a central element of that particular crime. If the defense can convince the jury that he mistakenly checked the wrong box, then that part of the case falls apart.
If I were the defense attorney, I'd want the jury thinking about whether they know they checked all the right boxes on their tax return. And in this case, Manafort delegated financial/tax duties to Gates and the accountant/bookkeeper, because the return was "complicated".
So, when the Judge makes the case for the defense, it's hard to believe a jury won't be swayed.
2
Another reason why federal trials should not be broadcast on television. What would he do for a larger audience?
1
@rdelrio Could not agree more.
This jerk is going to kill the prosecution's case, and when Manafort is found not-guilty the government cannot appeal his obvious bias due to the fact that a defendant cannot be prosecuted twice for the same alleged crime.
8
While the Judge seems a little bit on the bossy side so far he has not had much chance to attack the defense. We'll see soon what he does to the defense.
I wonder if Mr. Muller knew Mr. Andres would be so easily flustered? I mean you don't talk back to Judges and answering "yeah" to a Judge his courtroom well that is really dumb.
All that said it seems to me Muller has got this one down. Emails, cooperating witnesses and dozens of documents with Mr. Manaforts signature all seem pretty damning to me. I've been to Ukraine it was a nice place, Mr. Manafort helped to destroy it.
4
@GladF7
Getting nervous that this aspect of the Witchhunt is failing as well?
@Joseph lots of witches have been nabbed already, so it's going well so far.
@Joseph Well either you're a Russian troll or English is not your native language, " All that said it seems to me Muller has got this one down. Emails, cooperating witnesses and dozens of documents with Mr. Manaforts signature all seem pretty damning to me." None of that seems nervous to me I think Muller has this in the bag. So either you're a troll or Trump voter which makes you a fool
Wow, he said it in open court? He's jealous of the money the lawyers make. Legally that's an 'excited utterance'. That's grounds for appeal for somebody.
11
@Richard Mclaughlin The judge was lying. Federal district court judges earn about $200,000/year (I "Googled" it). The top salary for a federal prosecutor, depending upon experience and rank, is $142,000. After this trial is over I would suggest that the Justice Department file a judicial ethics complaint against Ellis, no matter the outcome.
11
@Richard Mclaughlin I doubt very much that that remark qualifies as an excited utterance, and in any event that is only an exception to the hearsay rule, so what's your point?
The "message" I'm getting is that if Judge Ellis is any example of the federal judiciary then there is very little damage to be done by Trump's appointments.
3
While I understand the reason for lifetime appointments for federal judges, there is a definite downside. Some judges feel that they can do anything because they can never be fired. The Constitution provides that so-called Article III judges may hold their office "during good Behaviour," but no one monitors their behavior. Unless they do something obviously heinous like taking bribes or sexually assaulting a member of the court staff, they can and do get away with just about anything.
But, the prosecutors do have one avenue of recourse, which would have to be taken immediately. They could file a complaint of judicial misconduct with the United States Court of Appeals for the Fourth Circuit, relating to Judge Ellis's harassing the attorney about his facial expressions and the judge's expressing an opinion about the validity of the testimony. Judge Ellis would not be removed from the bench, but he could face a reprimand. A complaint of judicial misconduct was filed by federal prosecutors during a trial in Chicago several years ago.
9
Judge Ellis, a Republican. is playing a dangerous game here. At a minimum, by his one-sided conduct, he is signaling to his social and political sphere that he is holding the prosecution's feet to the fire. If Manafort is convicted, he isn't to blame.
At the same time, with cracks about not trying people for being rich (which is not remotely the charge against Manafort), he is giving the jury a throughline, a way to reach acquittal or, perhaps, a hung jury.
The larger implications of a result other than conviction--in a case of overwhelming evidence--can not be overstated.
Of course, if Manafort is convicted, Ellis has his political cover in place.
Judge Ellis is a poster boy for the downside of granting lifetime tenure to federal judges. And, for those who have asked about removal, the only remedy is impeachment, by the U.S. Senate.
22
As every good trial lawyer knows, this is not how a great or even good judge behaves. You can control the courtroom without being nasty, overbearing, and self-important, let alone highly personal with gratuitous attacks. There really are no excuses and nobody should be fooled that it is charming or necessary. Juries often conclude it is too much as well.
22
@m. devorkin: You obviously have not had many federal trials. Addressing the Court as M'lord goes a long way with those dudes.
1
Thoughout the trial, I've followed Judge Ellis' comments to toward the prosecutor.
Early in the trial, Ellis' prodding the prosecutor to hurry the trial along by not dwelling on Manafort's clothes or extravagant lifestyle seemed like a stout caution.
Then Ellis allowed the defense to dwell on Gates' infidelities for days. Indeed, I'm not sure what the point was of pointing out Gates' infidelities. Gates is not on trial. How was Gates' sex life more relevant than Manafort's suits or bills for gardening? So much for hurrying the trial along...
If his ego will allow, Ellis should take a closer look at his own performance in the courtroom. He is making himself appear biased and capricious.
829
@Edyee The infidelities tied into money he 'stole' from Manafort to fund his lifestyle. This attacks at the heart of his credibility, and what he will say to get out of trouble. One thing people don't seem to realize is, once a witness turns in the face of being indicted, their credibility is also damaged and it's fair game to focus on that... what they will say to 'get off' and that immunity. That is a sound and reasonable basis. Not something someone does with their money.
@Edyee
A judge who allows the defence a loose rein on cross-examination is minimizing the chances of a successful appeal based on restriction of the defence's opportunity to fully put in issue the character of the prosecution's witnesses.
Manafort's lifestyle does not go to tax fraud, but Gate's' does go to character. I like the way this trial is going - the judge is razor sharp.
2
@Edyee If a judge practices intimidation, even if it is towards both the defense and the prosecutor, it will likely cast a shadow on the outcome of the trial. Is it necessary for a judge to emphasize dominance and power? To what end?
15
From everything I’ve heard and read about this trial and the judge, the only person who doesn’t need to be civil is the judge himself. Hopefully, he’ll treat to defense with the same disdain he’s treating the prosecution. Otherwise, I can only conclude that he’s either a biased, power-hungry, ego-maniac OR he’s accepted a bribe from Mr. Manafort’s team or the administration.
15
Easy there... no need to jump to either/or with the “or” being corruption. It’s more likely that he’s pompous and impatient as the judge already admitted in a sarcastic comment. I think the article said he’s 78 and it’s a lifetime appointment. I doubt he’d care about money or influence at this point in life or he’d have jumped to a cushy position with a firm years ago.
@Chris R
Money must be on his brain - otherwise why comment to a prosecutor - who I doubt makes as much as the judge:
Judge Ellis’s response to the compliment was barbed, but only mildly. “They don’t pay me nearly as much as they pay you,” he said.
The man is rude and full of his own importance. He needs to retire so that jurisprudence can run its course no matter how long it takes.
16
A guilty verdict in this case will be appealed and likely overturned because of the judge’s behavior.
In this case, the justice is not blind. Too bad.
5
What is disappointing is that the judge feels the need to editorialize on the testimony and in doing so undercut the prosecution. Someone needs to remind him that he's not there as the trier of fact. That is the province of the jury. His opinions on the evidence are irrelevant. But so far that hasn't stopped him from giving his opinions. Which is totally improper. To opine that Manafort couldn't have been keeping much of an eye on his business accounts because Gates stole some of his money is really beyond the pale. And that's just one example of many where he's showing a bias...… He isn't Caesar. More like Judas.
594
@Phil - ….and yet not an unlikely Cassius!
2
I'm a retired criminal defense attorney. I too had to put up with abusive judges like Judge Ellis. He like other abusive judges believes he is a god instead of just a perosn like the rest of us. The fact that he abused both sides is no excuse. It still taints the jury making it hade for either side to get a fair trial. He should be repremaneded by his superiors. But, he will not be because the Judge Club protects its own.
607
@Jeff
These judges are men who do not remember that "everyone rise" means to honor the position, not the individual holding it. Trump gets that wrong as well with the salutes from members of the military. (The other celebrity president, Reagan, started that idiocy. Presidents are not supposed to return the salute. The miliatary are honoring the office, not the incumbent.
15
@Jeff...ever notice how police, judges and prosecutors all stick together....one lies and ten other alibi
7
@Jeff Exactly. And they often complain about their own pay and compare themselves to Caesar and other notorious tyrants.
5
Too much power; too much display of ego. Welcome to Federal Court.
19
So long as he's snapping at both sides for no reason, all seems as per.
3
@robeirt bayley
Inappropriate conduct by a judge is not magically excused just because it's applied to both sides.
9
The prosecutor's case:
Wealth = Guilt.
No wonder the judge yells at him.
2
@George Orwell That's not at all what the prosecutor's case is. Haven't you been following the trial? You're painting a rather broad brush stroke here, without any details. How about backing up what you wrote?
17
@George Orwell No, willfully violating federal statutes = guilt.
10
@George Orwell
Tax Evasion = Guilt
12
Yesterday His Honour blew his stack at the prosecution because one expert witness was in the Courtroom while another expert witness testified. His Honour was having none of the prosecution's efforts to explain that His Honour had, in fact, already ruled that it was acceptable, that the transcript would prove the prosecution correct. Scathingly, no way, said the Judge.
Just reported that this morning His Honour, apologized to the prosecutor and instructed the jury to disregard His Honour's remarks from the previous day. I guess he spent the night reading the transcript of trial thus far.
At least when Manafort is, hopefully, convicted on all counts his appeal won't likely/credibly include "the Judge was biased against me".
45
He's 78 years old and admits he doesn't hear very well.
He's a good example of why there should be term limits for all judges.
57
So partial deafness precludes one from being a judge? How about other disabilities?
1
@cw
Including Notorious RBG?
@Joseph
RBG = Competence
As a long time litigator who has appeared in both state and federal court and had clerkships for two federal judges, I think this is much ado about nothing. A lot of judges are characters and have big personalities, litigators are trained to not take things personally and there is nothing this judge has done or said that is over the line, he is simply trying to speed proceedings along. Court dockets are overloaded with cases waiting to be tried or resolved and the sooner this trial is completed, the sooner another one can begin. Most attorneys ask far too many unnecessary questions to prove their point (understandably so) and the judge is absolutely permitted to guide the proceedings toward what he feels are relevant points.
9
@Bittinho Being "trained to not take things personally" sounds like another way of saying "trained" to suffer the abuse no matter how appalling it might get.
10
I've practiced law for a little over thirty years and have appeared before lots of judges, both in state and federal courts. I've had the unpleasant experience of trying cases before judges, like Ellis, who have gotten too big for their judicial britches. There is no excuse for lack of civility by the court in addressing the attorneys, or in commenting on the evidence in a way that gives the jury a strong impression of how the judge views the evidence. Thankfully, this sort of behavior is rare, but when it occurs, it can unduly prejudice a case.
Appellate courts are generally loathe to get involved in remedying this behavior. Even when a district court judge is known by the appellate courts to be a problem, it's next to impossible to have that judge removed from handling a case. So if you're unlucky enough to have a case assigned to this type of judge, your already difficult job just got a whole lot harder.
My experience has been that prickly judges like this tend to have been on the bench for a long time. They seem to get worse with age. Unfortunately, federal judges are appointed for life which makes them immune from feedback that would moderate their behavior.
Finally, I'm not buying the excuses that Ellis is the smartest guy in the room or that he's prioritizing speedy trial management. Justice delayed may be justice denied, but inappropriate interference with the conduct of a trial is also a denial of justice.
146
@Eric I agree. Don't like sideshows. This case is really serious and the judge is turning it into a vanity/power display. Rather embarrassing.
23
@Eric
Eric, I agree also. There is no oversight of federal judges, or for that matter state level judges. It's unfortunate that this judge has imparted his personal feelings regarding the trial, and basically going after the prosecution as they try to present their case/evidence. Truly sad.
6
@Eric: Unfortunately, Judge Ellis did not get worse with age. He has been like this since the first day he took the bench.
1
If memory serves me right, Judge Eliis sometimes stands up during court proceedings because of chronic back pain. A federal judge in DC does the same thing. I’m not trying to excuse the judge’s actions or statements in any way, or even to comment on them, I’m just trying to correct the clear implication that Judge Ellis stood up in his courtroom to even further intimidate the litigants.
2
@Stephen Brennwald
If he has chronic back pain maybe it's time for him to retire. It could be interfering with his ability to be "judicious."
5
Judge Ellis sounds like another Republican despot ruling his little kingdom with an iron hand. I'd be interested to know how ofter his judgements ar overturned on appeal.
21
This man has his sights on bigger things after drawing a landmark case to try. His bullying methods will fit in nicely with the requirements that a candidate for the highest court must possess to pass muster with the biggest bully of them all.
8
In my 40+ years practicing Law, I've met several fools, as well as some very fine lawyers, from Harvard and Yale (and, even, Oxford, as I first practiced Law in the UK.) His Oxford "degree" is a "Law Diploma" which is an interesting flash of vanity. For all his alleged genius, he is still but a District Court Judge. No surprise there! I wonder if he knows that, this time, he's allowed all the excitement to mislead him so that he is acting, well, like an "old fool". At 71, 8 years his junior, I know the temptation of riffing -- just to show you're not too far gone-- but he's miscalculated the perception of the strangers watching, The rooster crows, but we all know he's but feathers and fluff.
89
I would hazard a guess there is at least one judge like this in every courthouse in America, without exaggeration.
If, as a trial lawyer, you've tried more than a handful of cases, you've had a similar experience, and the scars to prove it.
A couple of points in this judge's defense, which are not so obvious:
One thing you learn as a trial lawyer is that time is your enemy. If your case drags on too long, you start losing jurors, until you don't have even enough to take a verdict.
Also, and I say this as an attorney, many lawyers are so obviously enamored of the sound of their own voice as to be positively oblivious to the signs of weariness in others. You need a judge to limit their prolixity, somewhat.
Being a trial judge is like parenting in this regard: You're either too lax or too strict. Better to be strict.
10
My respect for "law enforcement" in this country, from the county sheriff to the this man, continues to decline.
14
I don't see anything wrong with a judge who is overly tough on prosecutors. There are far too many jurists who are a rubber stamp for the government.
If T.S. Ellis were doing this on a case involving a cause celebre, he would be applauded. He is certainly right to question the motivation of prosecutors selective prosecution of a man for violations which occur daily in Washington, D.C- mainly because he got involved in a campaign and victory which challenges their grip on power.
3
Sounds like his ego is out of control. Someone should remind him that a district judge is pretty low on the totem pole.
10
@libdemtex Actually, the way our government was built, a District Judge like this has similar powers and authority to Senators, Representatives and Governors, so as to balance each other with the Executive-Judicial-Congressional triumvirate of Governing Powers.
Just because they are limited to the courtroom does not mean that they do not enjoy broad powers within their courts. You can hardly expect one face of the government to stay silent when the other two are speaking and (in some cases) screaming their opinions, correct or not, to the world. Judges are human too, so expect them to act it and speak out on their own. Usually it is very guarded speech though, as judges tend to know that the weight of their words can tip social scales within the community.
I would prefer that our elected pres. knew as much.
1
A couple side comments:
As a retired university instructor, I would never have belittled my students in the way this impatient man belittles lawyers in "his" court room. Nor would I turn the specific hour given for teaching and learning into an opportunity to display my personal life or my wit. I once worked with another instructor whose classrooms were described as "like watching the Tonight show and maybe even funnier." The point is, some people do turn their forum into a narcissistic celebration. It may amuse but it does not benefit the audience.
Does Judge Ellis think this is a cocktail party? Or another reality show? What's up with the stand-up, sarcastic comedy exhibited in this court room?
He sounds like an utter boor who abuses his power. It also sounds as though he is the one responsible for slowing down the case. I resent my taxpayer money being used for the privilege of (yet another) a wannabe self-absorbed man with power. This case is serious business, and as a citizen worried about the future of our democracy, I would appreciate a judge who focuses on something other than his own wonderfulness.
883
There are competing concerns here, and some evidence that this court may have overstepped.
First, courts are crowded and trials have become more complex, consuming endless amounts of expensive time if not carefully managed. Judges have an obligation to keep things moving and focused on relevant evidence. Some courts have imposed time limits for a trial, and some judges impose time limits on questioning. There needs to be a balance, it is difficult to get it right. This court is trying to do that, not always politely.
Second is the need for judges to be careful to allow the parties to put on their cases, with the judge interfering only to make sure the rules are followed and evidence is not misrepresented. Juries generally have tremendous respect for the judge as the neutral party in the room. If they see a judge favoring one party over the other they may well assume that the judge knows something they don't and think they should accept his/her views of the case. This is where this court may be at risk of imposing its views on the jurors instead of letting them independently consider the evidence. I would hope that in giving the jury their instructions, he is careful to tell them to disregard his comments to the attorneys as he is only doing his job to make the matter move efficiently. Justice demands that he do his best to distance the jury from any thought that he has prejudged the case.
18
What most people who are not lawyers or expert witnesses don't realize is that all judges are little "Caesars." Judge T.S. Ellis just pushes that envelope to the very extreme limit of judicial bias and interference. Like so many brilliant men he has the arrogance and ego that goes with it. But, lawyers are ultimately at his mercy and can only appeal his rulings. Judge Ellis is clearly pushing the prosecutors of Paul Manafort very hard, but that may be that their case is already convincing and that they're over-playing their hand in a court that prides itself on speedy called the "Rocket Docket."
10
Having had the honor (and yes it was educational and an honor to serve my citizen's duty) of sitting on a jury, I can tell you that the judge's expressions, actions and ability to be the blind lady of justice and let US, the jury, decide, and to allow US, the jury, to see all the facts as allowed by law, not filtered by the judge's personal whim.
This guy may have three degrees from various colleges (I'm not impressed) and one recalls that education does not bring wisdom.
I'm all for missing the boring parts. But what if the boring parts are the helpful bit to bring what this judge seems to claim is his love, that is equality and fairness under the same law.
He's impressed with celebrity as much as Bill Clinton was. If he doesn't like you rather than follow the code of ethics for judges, he grandstands.
If this goes the wrong way, that is Manafort walks, then we must demand a retrial due to this fellow's behavior. And if the superior court to him is afraid of him or in awe of his intellect, then they too should be given a swift kick in the behind.
I think it is because of our love of cockiness and too much self confidence, as witnessed by professional sports today, that lets such activity as Ellis' and Moore's previous behavior to deviate from the expected norm.
7
If Paul Manafort is acquitted,the government cannot appeal. It’s a little something called Double Jeopardy.
3
@Stephen Brennwald Even if something like incorrect instructions to the jury, or behaviors that clearly influence the jury?
There are reasons to appeal, when there is obvious wrongdoing on the part of the judge. Otherwise there would be lawyers trying to get on certain judge's caseloads, for that very reason. Influence of the jury consistently in your favor, no possible appeal?
I am fully aware of double jeopardy, I'm referring to clear malpractice by the judge.
Remember even the president can be impeached.
@reid – whether Manafort is found guilty or not guilty (imo, not the same as being innocent), there are other charges against him waiting in the queue. Maybe more after that.
Perhaps it's because Judge Ellis realizes this is nothing but part of a political vendetta by democrats against Trump and anyone associated with him.
He is preventing this misuse of the justice system by making Andres adhere to the law.
4
Right. That’s why he didn’t dismiss it when asked to.
6
@Don what are you basing your comment on? You have proof of this?
7
I imagine every member of the jury has known a boss with a large ego and inflated notion of his own sagacity. Judge Ellis's personal comments to and about the prosecutors have probably undercut any effect of his judicial comments on the case.
12
I had a teacher like this in middle school. We were not allowed to move our feet under our desk as it was a sign of disrespect. We were not allowed to put our hands under our chins as it was a sign of boredom.
He was a controlling bully, made kids afraid, and that, no doubt, interfered with what we were supposed to be learning and how we participated in class.
But he only had a classroom of afraid children.
Here, this man has important Federal cases that he oversees for us, the citizens of the US, not for himself, Caesar in a little Rome. I don't care if he sometimes yells at the prosecution and sometimes at the defense. He shouldn't be doing it at all.
Now, if the jury sees all of this and concludes the prosecution was out of line and therefore renders a not guilty verdict, the prosecution cannot retry because of double jeopardy (if a guilty verdict, the defense can appeal). Where is the justice in that if the jury is swayed by the judge, not the evidence?
41
I think the saying, wise men do not, in their presence, suffer fools gladly. At his age, level of experience, and intelligence, he feels like he's heard it all, is two steps ahead, knows how to better frame a question, and has no patience for cumulative evidence by the prosecutor i.e. piling on. I be been questioned about additional witnesses probative value, and told to " move on." One thing that irked me - a judge taking over the questioning for a poor advocate. If one is not prepared or ready for the big leagues, then let the chips fall where they may.
2
Ellis' conduct is unbecoming a jurist. He has assumed an all-knowing, god-like attitude, shooting down lines of questions as irrelevant before they're really even started and needlessly berating counsel. The prosecution should be permitted to develop its theory of the case. A judge should interfere only if it has become apparent, once the prosecution has had that opportunity, that the evidence being led is irrelevant, the witnesses being badgered, etc. I wonder if (a) he's a Trumpist; and (b) his conduct would provide grounds for appeal.
16
The lawyers should have more self-control. Judges like Ellis III, IV and V are part of their job.
There is no point being more witty than a judge who thinks he or she is.
2
Judges are ethically obligated to be neutral. This judge violates both standards. His education and leaning is not in question apparently.
His civility, respect for other human beings in the courtroom and his ability to do his job with an appropriate attitude however is obviously at best failing and at worst corrupted by his own ego.
He sounds like a good example of house devil, street angel. In his house (courtroom) he acts out like a 2 year old throwing temper tantrums, acts as though he is a, in his words, Caesar, but then turns that ugliness off when in public situations.
He is a good example of why it might be better to force Federal judges to be at least reaffirmed after 10 or 20 years. The Court system is sufficiently established that it supports both the worst and best of judges, but with no incentive to push crude and offensive judges toward acting as servants of the Court instead of acting as petty gods.
28
Is it possible to make a case for this judge, based on his courtroom behavior as being unfit for the bench and be removed?
8
Judge Ellis is a bit of a bully, but I reserve my opinion until I see how he treats the defense.
5
A show-boating judge, more impressed with himself than with anyone else in the courtroom.
This is exactly what justice in America does not need.
21
Sounds that this judge craves attention like a spoiled child. I hope that the jurors ignore his temper tantrum.
14
I THINK IT'S A HOOT That in this day and age there is a judge who truly holds sway in his courtroom. He has reportedly no patience with supercilious lawyering and makes it plain that he intends to usurp the right to indulge in courtroom drama entirely to himself. Still, Judge Ellis is respected for his sharp mind and powerful intellect. If I didn't know better, I'd suppose that he's channeling a mother of a certain ethnic persuasion that shall remain nameless. Oy vay!
1
Not unlike many I have appeared before; the royal blessing of confirmation for life seems to liberate the little boy bully syndrome in some. In Texas we have have federal judges shoot lawyers with a water pistol to move a case along and another issue Big Chief pads to violating lawyers with instructions to write " I will not continue to ask repetitive questions" a hundred times. Then as here the judge will waste court time enthralling the jury with personal stories of little interest to anyone but" hizzoner".The price that a federal judge pays for a life time of job security is that he has to let the lawyers actually try the cases while he is merely a spectator although he is always the best lawyer in the courtroom, according to the mirror on the wall.
10
If you thought “grandstanding” was reserved for politicians, Judge T.S. Ellis III, with his frequent interjections aimed at all and sundry in “HIS” courtroom, seems intent on convincing you that judges enjoy it too. This trial is too important to be left to “showboaters,” either “on the stand” or “on the bench.”
8
Fairness, a requirement for any judge, must never give signals of petty discourse for it will taint and tarnish the heart of the matter.
12
This kind of abusive judicial behavior is indicative of "appointments for life." It feeds the ego and makes a judge feel invulnerable. Yeah, Judge Ellis may be "king in his court." but abusing either side in front of the jury is problematic.
There are other ways, such as a private conference in chambers with both prosecution and defense where a judge can relay how s/he wants the case to proceed.
But you cannot ungong the bell. A jury is made up of people who are for the most part, not attorneys. They can be influenced by a judge's behavior. Anyone who suggests otherwise is fooling themselves.
17
The only thing that matters here is whether, in the end, justice is served. I don't care about the circus, all courts are a circus, I care about what comes out.
That being said, it does seem like this judge embraces the role of pontificating child. A man slightly unhinged by the power of his position combined with an significantly overblown ego. Truly intelligent people don't lord it over others the way he seems to be doing. Humility is the hallmark of a truly great mind, not hubris.
4
I am deeply concerned with Judge Ellis' conduct and the implications it may have for this case. If this leads to an acquittal, Ellis will have gravely injured the nation by his behavior.
And remember, this is coming from a "respected" judge. Imagine what some of the grossly unqualified judges that McConnell and company are shoving through confirmation will do.
14
@Thad Z.
Somehow, if Manafort is acquitted of tax fraud, it will have "gravely injured the nation" ?? Not the first time that a tax cheat has escaped justice and the nation has survived. Or do you think this case is really about more than taxes? The prosecution (the government) told the judge that it isn't.
3
I'd say based on what I hearing there can be a strong case based on his behavior to have Jude Ellis removed from the bench for being unfit to continue to serve.
Judge Ellis has made some bizarre comments and seems to be badgering the prosecutors in a personal way to call his fitness into question.
13
No doubt judge Ellis is experienced, sharp, and qualified, yet his manner suggests a question of ... judiciousness?
4
Don't be surprised if the jury returns a guilty verdict for this arrogant man to nullify the verdict, which will create an instant appeal for the prosecution.
He is way out of line, he is biased and he is to boot an old fool full of himself, who should have retired years ago (say a man past 70). He is further evidence of the need for a federal judicial retirement age of 70 or 72, including the SCOTUS justices.
The judge commits reversible error every day of this trial and has every day through all its proceedings.
He is not the judge in this case. He might as well be sitting at the defense table. Appointed by President Reagan, this man has stayed long in the courtroom.
Just wait and watch him interfere with any verdict he does not like.
8
As a young lawyer i was told by one of the best trial lawyers in the country "Let a Judge run your case, you will surely lose"
I feel for the lawyers
10
Judge Ellis is a breath of fresh air! Obviously brilliant, he doesn’t suffer fools gladly and keeps the justice system moving along. After 3 decades on the bench he’s earned the right to run his courtroom anyway he seems fit. Not sure where all these negative comments come from. Take a breath people, lighten up.
6
For those who have never practiced law in a criminal trial court--welcome to the world of the trial judiciary. Every bench in every jurisdiction across America has its share of characters just like Judge Ellis--the only difference is that few of them have degrees from Princeton, Harvard, and Oxford, and many don't exactly have "razor-sharp minds," although most think they do.
And frankly, if the only thing that Judge Ellis is remembered for is the expeditious administration of justice, he should go down as a latter day America hero. The idea of a "speedy trial" is now lost on the American judiciary the public is poorer for it. However, that Ellis has allowed the parties a year-and-a-half to prepare for a relatively simple trial seems to suggest he may be a blusterer, but in the end has proved to be part of the problem.
3
The snippets of weeks of trial presented in the article indicate a problem judge, not a judge to be admired. Tyranny in the courtroom is not only inappropriate behavior, but also a violation of law. The Caesar comment reveals the Navy ship captain mentality of the small commander who believes he is always right while exercising absolutism in his domain. That he gets emotional at naturalization events is meaningless - he would probably get emotional at adoption hearings if he were a state court judge. That is because those matters don't involve any dispute. It's as if he has a problem with the existence of controversy - it makes him angry so he acts to control all those who dared to bring the controversy to "his" courtroom. Sounds like he needs to retire because it isn't his courtroom and the reason judges exist is to help resolve that ordinary human condition - controversy with others.
12
Having read some of the judge's criticism of the prosecutors - declining redundant or sensationalized evidence, asking them not to roll their eyes or make faces after his rulings -- he sounds pretty fair, if a little brisk. It is the judge's job to keep the trial moving, to maintain focus on the facts rather than emotion, and to encourage a certain decorum and respect for the court. There is a tendency by both prosecution and defense to try to turn a jury trial into theater and to compete for who gets to be the hero in the story that both sides are trying to tell. As an attorney, it also takes a lot of practice to learn to control your facial expressions and body language under the stress – something that the jury sees and weighs along with the facts. It sounds like the judge is trying to control these factors. In other words, it sounds like he's doing his job.
6
Judge must be bias...he needs to step down!
1
Schmoozing the jury and belittling the prosecutor? That is classic Trump stuff (stroking and stoking his audience and putting the press in the stocks to be jeered at). Intentional or not, the judge is encouraging jury members to feel superior to all of the prosecutors, to look down on them as misbehaving children. I hope they don't all fall for it. I hope at least one does not. He is creating Manafort's acquittal by putting the lead prosecutor on trial, instead.
9
Pity the jury.These citizens have given up part of their summer to sit in a courthouse and listen to a difficult case-to do their civic duty.They cannot help but be distracted by Judge Ellis remarks and the emotional tension they create.This case requires attention to detail and a discourse on subjects these jurors are not necessarily familiar with, money laundering and foreign bank accounts.They should have a tension free room so they can concentrate.Judge Ellis may have fine qualities but the ability to preserve dignified discourse in his courtroom is not one of them.
20
As a layman unfamiliar with the protocol of the court it seems to me that this judge is more concerned with the speed of the trial rather than the thoroughness of the facts presented to the jury. I only hope that true justice is not over shadowed by the personality of this judge.
20
Robert Caro writes in his biography of of LBJ, "Master of the Senate," that "Power does not corrupt. Power reveals."
That is as true of judges as it is of persons in other positions of power.
54
And to quote plaintiff's attorney Frank Galvin (Paul Newman) in “The Verdict”:
“Your Honor, with all due respect, if you’re going to try my case for me, I wish you wouldn’t lose it.”
11
There is no place for deliberately humiliating anyone in or out of a courtroom. Sincerely hope the jury is impervious to the bias of an egotistical judge and makes their judgement on the documented proof Manafort is guilty of breaking the law.
60
I'd like to point out that this judge is NOT a Caesar in his own Rome. He's a judge in a U.S. federal court of law. He is a servant of the law and the citizens of this country - not his own ego. And I don't find his comment funny or cute. I find it condescending, inappropriate, and reeking with an odious sense of over-importance.
A judge is not supposed to act like a "master of all he surveys", he is supposed to act in a manner that comports with his true function. Which is a servant of the people, not a lord presiding over them.
204
Judge Ellis with his snide comments and bullying of the prosecuting attorneys appears to be one more ego-driven man in love with his own voice who appears to view himself as the smartest person in the room -- in other words: he's obnoxious.
His remarks are an unnecessary interruption in a very serious case the purpose of which is to reveal the unbridled corruption and criminality of Manafort and his lackey Gates who led Trump's presidential campaign and via Gates extended their corrupt run into the transition. The judge's demand to not show the FBI chart because it slowed down the proceedings was a disturbing display of his hubris and
denying the prosecution the opportunity to fully present their case to the jury.
Perhaps at the age of 78 it's time for this particular judge to leave the bench.
80
I was prosecuting a hard child molestation case once where the judge was so abusive and nasty to me that it threw the case to the defense. The jury couldn't get beyond what they interpreted was the judge's bias against the case. My eleven year old victim was denied justice. Judicial selections are critically important and we don't need big egos on the bench.
676
Which is why we have gone from jury trials to trails by a panel of judges.
No single Judge has all the power and I would guess that a lot of times when one of the judges gets out of line, underneath the judges table there are a couple of kicks against the offensive behaving judges shins.
There is no place for grandstanding during amy kind of trail, not this one, where the public is listening in, but also not in many anonimus trails that can, when handled incorrectly, destroy either an innocent person or give a second blow against a victim.
7
@Todd
I was defending a child molestation case, and the judge was so abusive to me that the case was overturned on appeal. These bullies are a throwback to another era.
14
@Todd
What we need is term limits for judges
15
I've tried a few dozen criminal trials. Some judges justifiably interrupt and I've learned accordingly. Other judges interrupt because they don't know the law, evidentiary rules, etc. Here in Pennsylvania judges are elected. The
"interruptions" by judges with trial experience are often warranted. The loud real estate lawyers who got themselves elected to the bench are the insult to justice and procedure.
23
@Paul Kramer
All judges, local, county, state, AND FEDERAL, should be chosen by the people over whom they supposedly judge! Any other way, like that of federal US judges, is undemocratic. We have never been a democracy! Especially not now. Money rules everything. Money is or current royalty. Money has always been our royalty.
Having practiced in state and federal court as a defense and prosecution attorney, I think it is fair to say this judge is showing off and mistreating attorneys because he can. There is no reason to be criticizing lawyers for facial expressions. If time is so precious skip your personal anecdotes. Let the lawyers try their cases. But that isn’t happening because he thinks he could do it better even though he hasn’t represented anyone for over 30 years. Judges who behave this way prejudice cases and fail to serve the system. Call it a day, Sir.
219
I think the Judge is right to keep everyone on point. Lawyers spend a lot of time trying to make people look awful that has nothing to do with did they or didn't they commit a crime. Tactics like juror nullification and character attacks have no place in a courtroom.
There is also the matter of the right to a "Speedy" trial. It's not fair to jurors to have prosecutors or the defense blathering about topics that aren't relevant to the crime.
If there is a fairness issue there is the right to appeal.
1
@HL There is a world of difference between keeping people on point and this judge's demeaning, irrelevant interjections.
19
@HL
As I understand it if the verdict is not guilty there is no appeal. Fortunately for the nation if the judge sways this verdict against the prosecution Manafort has another trial coming soon. If it weren't for that this could be all she wrote for our democracy
1
As a career federal prosecutor I know how difficult it is to try a complex case before a judge who has the judicial temperament to allow the attorneys to do their jobs. A judge who compares himself to an emperor and pushes litigants to speed things along is doing a disservice to the judiciary. Just because he is able to quickly understand the evidence does not mean the jurors do not need more time to digest things. I seriously doubt they attended the same prestigious schools this judge did. He should stop demanding respect and give some.
169
The commenters need to remember that we are in the prosecution’s case. It is a given that most of the rude judge’s rudeness is directed at the prosecutors.
When the defense presents its case (should it present one; it is not required) defense counsel will be the targets.
3
This judge seems to be just like Trump: a narcissistic bully.
Narcissistic, because he makes the trial more about him than about the rule of law.
A bully, because he uses his position of power to threaten people, and rationalizes his own behavior by reminding them that he has the power.
He might well be "expediting" the trial because he himself knows that the prosecution has an open and shut case. However, the prosecution's job is to convince the jury "beyond reasonable doubt," not the judge. A jury of laypeople needs more time to digest the facts, understand the complexities of legal rules, and connect the dots into a hole-free narrative.
By denying the prosecution the time to do this, the judge allows doubt to creep into their minds, which is not the way that the rule of law is to be administered.
In fact, the judge's behavior serves to normalize and propagate the types of behaviors that Trump and his supporters appreciate: dismissing details that are important to understanding and addressing complex and nuanced issues; lowering the standards of acceptable behavior and the coarsening of language acceptable in public discourse; conspicuously disrupting established rules and protocols just for show; using derisive humor in an attempt to hide his bullying behaviors; behaving like he's on a TV show; and relying on his own power rather than using persuasive argumentation.
If this becomes the established legal and political culture of our country, we're in big trouble.
129
I take comfort from Renato Mariotti's legal analysis. He has provided the most insightful information about Judge Ellis' behavior. In his opinion, while Ellis is a "character", in the end he is controlling his courtroom which may prove to be very valuable to prosecutors. In this first week, his jabs have been at them but it has also prevented the defense from overstepping.
I do think one of his last remarks to Rick Gates, in hearing of the jury, about Manafort not checking his accounts carefully enough, was incorrect. And I wish Mr. Andres would calm down. But all in all, the judge less damaging than he appears.
2
Judge Ellis is the result of absolute power. Yes, he can be admonished or even removed from the Bench for being out of control. And it sounds as if this judge deserves rebuke. As much as I despise Paul Manafort, he deserves a respectful proceeding. Ellis acts as if it’s all about the law and nothing else. Yes we are a nation of laws, but those laws were enacted to govern and protect the people. The people are at the center of the law. Like everything and everyone else being exposed by the corrupt Trump administration, this judge shows us that we may not get a fair trial, if an imperious, narcissistic judge runs the courtroom.
22
One does not have to be in the court room and ANY savvy manager can see through this.
In short, this judge has lost the respect of the lawyers
“Don’t look down”
“Look at me”
“ Don’t roll your eyes “
Slamming his fist/ hand on the table/ bench.
He has lost the room and seems insecure in his role in this proceeding.
A respected federal judge should command the respect of the room without such tactics
Manafort is still going to prison, now it is just matter of, for how long? The rest of this is just drama and details.
25
@Is_the_audit_over_yet From your mouth to God's ears.
1
Reading about this case, Judge Ellis seems to be playing for a talk show on FOX News...His back and forths with Prosecutor Greg Andres (who is a veteran of big cases) wreaks of bias against the prosecution and someone with an agenda...
Judges need to be fair and impartial (ha, ha like that exists, especially judges that have the Federalist Society's stamp of approval on them)) and not act like R Lee Ermey's character, Sgt. Hartman, from the movie "Full Metal Jacket"...
42
A shame the judge's boss doesn't call him onto the carpet and straighten him out. Leave your ego at home and just do your job.
15
I’m convinced that Judge Ellis adopted Milos O’Shea’s persona as the insufferable, wise-cracking judge in “The Verdict” (1982) as his very own. I would bet money on it.
8
“I am a Caesar in my own Rome,” -Judge Ellis
Power tends to corrupt and absolute power corrupts absolutely. - Lord Acton
92
Incarnate argument for mandatory retirement.
37
As a former judge, I know first-hand that intellect and legal knowledge are the easy parts of judging - keeping an even temperament is harder, but just as important. The federal code of judicial conduct instructs that "A judge should be patient, dignified, respectful, and courteous to litigants, jurors, witnesses, lawyers, and others." Berating lawyers about their facial expressions, belittling them for "crying," insisting that they look up when talking - these are the actions of a petty tyrant (a Caesar in a little Rome, as Judge Ellis would have it), inconsistent with the code's requirement.
Furthermore, Judge Ellis has shown partisanship from the beginning of this case, when he challenged the prosecution's good faith in bringing charges against Paul Manafort, complaining publicly and on the record that the charges were nothing but a means to attack Donald Trump. His statement, in front of the jury, contradicting Rick Gates's testimony that Manafort was heavily involved in managing his finances, was a shocking failure of the neutrality that a judge must always show, not just to the public, but even more critically to the members of the jury who are charged to decide the facts based on their own views of the evidence, not based on the influence of others.
Whatever his merits might once have been, Judge Ellis is clearly no longer suited to the high office of the federal judiciary. When this trial is over, Judge Ellis should retire.
politicsbyeccehomo.wordpress.com
578
May I correct your comment? "When this trial is over, Judge Ellis should retire". Correction:
"Judge Ellis should order a mistrial and have another judge try the case anew".
13
@Ecce Homo "When this trial is over, Judge Ellis should retire."
Why wait? The case can be retried or continued with a new judge presiding. He's a petty bully and may affect the outcome of a critically important trial in American history.
13
I wonder is a Judge involves himself in a trial to the point where he is showing bias or interfering with the prosecution from making it's case with in the parameters, if the Judge can be thrown off the case and new Judge be named?
I am starting to think this Judge is making this trial more about him, and stepping in interferring, when he should just be refereeing.
Is it possible that the judge's age is showing, and that he could be unfit to sit on the bench, it wouldn't be the first time a judge has been senile and gone unnoticed.
31
Federal District judges generally take their jobs quite seriously, state judges do as well, however, there is a certain feel to the federal court room which seems to emanate from the person sitting on the bench. I usually enjoyed a judge that had an edge, it felt like they truly believed in justice.
PROSECUTE RUSSIAGATE!
3
@tbs Or were egomaniacs who had their self-inflated concept of their own wonderfulness flourish to a toxic extreme in the hothouse of sitting on the federal bench surrounded by young clerks who hang on their every word and confident nobody appearing before them dare challenge them in order to avoid having their clients become collateral damage
My experience has been a judge can have an edge, ask probing questions, and control the courtroom without being a tyrant - most federal judges get that but some do not. Judge Ellis falls into the latter category.
10
@Dan: Not having had the pleasure of appearing before Judge Ellis I defer to your experience. Also I do not disagree with your comment.
It would be nice one day to find one other person who like Mr. Mueller you don't hear from them. They do their jobs and move on. This judge reminds me of the judge in the O.J. Simpson case he to was mouthy and wanted to be a star. Justice didn't matter,
It would be a pleasure to listen to the case not the judges statements. This judge is not saying anything meaningful.
30
Judge Ellis demonstrates the flaw in the lifetime appointment system. His overweening ego would be insufferable in his retirement home but it is unjust on our bench—not his bench but belonging to us, the citizens of the United States.
159
Interesting comment to call himself Caesar. A dictator that killed the Roman republic.
57
@omamae1
Caesar is merely a title, not a name. Caesar Augustus was a good and decent ruler, the one you are thinking of, Julius, was the one who brought destruction down on the Roman empire, but they had had over a thousand years of Caesars before that. So please look at your usage of that word.
1
@omamae1 – it didn't end to well for him either, did it.
Standard federal judge stuff. The prosecutor goes back to his office and laughs with his colleagues. Federal prosecutors eat nails for lunch. Ellis is just showing off. The perils of lifetime appointments.
21
This is such a public case, and so important, that you'd think that Judge Ellis might restrain himself, but he apparently likes the limelight. I just hope that the case doesn't have to be retried.
44
I don’t think all judges should be simple and monotone, but this judge behaves in a way that could influence the jury and it’s inappropriate. If a judge has to intervene to stop inappropriate questions, fine, but contesting the prosecutors, continually arguing their case and evidence, refusing to allow some important evidence, etc he could be very well influencing the jury to think the prosecutors are putting on a show and don’t have a serious case. It’s kind of absurd that he doesn’t realize that his comments could be doing this. I can see in some cases it doing the same for defendants. He shouldn’t be showing any opinion on the matter.
54
Just another late septuagenarian needing to feel special before he takes his grand exit into oblivion.
107
This is an ageist comment. You will be a late septuagenarian one day, too and you will be no less valid than you are today.
My mother is in her nineties and lives independently. I am constantly shocked by the way younger people at banks, shops and other businesses patronize her because she’s old. They assume she’s stupid or senile. It’s depressing to see and makes me realize what an ageist society we live in. If we’re lucky we too will one day be late septuagenarians. Let’s hope people treat us as people at that point and judge us for who we are rather than making assumptions based on age.
21
From the safety of a life-time appointment to the bench, this judge behaves like a tyrant. And from the reporting, his cynical comments in the presence of the jury poses the real possibility that the jury will be prejudiced by his behavior. It's hard to believe that he doesn't comprehend this.
254
Over thirty years in Federal courtrooms and I have an observation.
Judges such as Hon. T.S Ellis are failed judges. A good judge follows Plato's directive to "wear a modest crown". Judge Ellis, the Caesar of his Courtroom", is a bored man whose personal vanities in the courtroom should be curtailed. He should step down.
469
As people age, personality traits often become magnified and entrenched. There is a big difference between knowing the law and practicing law. I would not want a 78 year old surgeon, pilot, cop, nurse, teacher. Why would I think a 78 year old could be an effective judge. He no longer understands “civil service”.
97
This comment strikes me as ageist. The Supreme Court has any number of judges in their seventies or over and their age seems a lot less problematic than their partisanship.
21
@Jenny ... it is "ageist" and rightly so. Senior citizens should be respected, but outside of public life. The nihilism that infects this generation of dotards is driving this country to ruin because they have no skin left in the game; faced with their own mortality, they simply do not care. We don't allow people in their first 18 years of life to vote; we should not allow those in the last to do so either.
@dgm
Wow. Should we set them adrift on ice flows too? What an ignorant, blanket assessment you are making about a very varied class of people. Maybe ageism will be the last prejudice to go.
The problem with judges is simple - they have too much power and leeway. I have actually had a judge 'threaten' me to challenge a decision she had made in court and I'm not an attorney, I was a litigant. Judges have little, if any supervision. And when they are questioned, as in appeals, they are judged by other judges. So the infamous question becomes: who judges the judges?
408
While the judge might be harsh with the attorneys for the prosecution, the author of the article suggests that he is equally if not more so harsh on the attorneys for the defense. As a person who is not a lawyer but who has looked at the stories regarding Mr Manafort it does seem to me that this guy is a crook, plain and simple.
13
Interesting arguments or points on both sides of this trial insofar as the judge and the courtroom situation is concerned. Nevertheless, it seems ti me that sll his ire us directed as the prosecution, and tainting the jury with one-sided criticisms , leaving me to wonder where he might go next with one-sided instructions to the jury. He was appointed by a Republican—is he philosophically, but deliberately , tilting toward Trump and GOP and against the Mueller investigation?
19
@Kathy
At this point it is directed at the prosecution because, in a trial, the prosecution goes first in presenting its case. They are still presenting. I'm not sure they are even through their first major witness, so the defense hasn't done anything yet in the court room to criticize.
11
At his age his time is limited. Unlike most of his other cases this one is getting a great deal of coverage. He wants to be in the limelight.
28
@David
At "any age" "your time is limited".
2
The question here is whether Mr. Manafort and the People of the United States both get a fair day in court.
When there is obvious haste to "get this case over with" the clear imputation is that the Judge sees it as incontrovertible. In this case that would be very bad news for Mr. Manafort ... despite the fact that it is the prosecution who have borne the brunt of Mr. Ellis' impatience so far.
4
@Lee Harrison, I think what we're seeing is a judge who doesn't want the Mueller team dragging this thing out like they are in the total investigation.
Watching portions of this trial, I have to side with the judge in a lot of areas. Andres at times acts like he is above everyone else and all must sit up and listen to him rant.
I agree, we need to see and get a fair day in court.
5
It’s a “rocket docket.” He controls his docket and his time. The prosecutors are fine. All this griping in the courtroom is standard federal trial fare.
5
@Jane: I have no comment on Andres’ behavior, but I am puzzled by your statement that Mueller’s team is dragging this out. By every measure, they are working amazingly fast. So many indictments and so much ground covered. Benghazi and Whitewater by comparison were much worse. Those must really have taxed you.
It is clearly the President who is dragging things out by refusing to be interviewed by the special counsel. Anyone would think he has something to hide...
14
The point sadly appears to be whether the judge interrupts both sides equally. In this case so far he has not. I wonder what he will do after the prosecution rests and defense presents their case. Will he demand they move along? Will he humiliate defense attorneys in the same manner? We’ll see.
67
The defense haven’t put on a case yet.
1
@Mary Lochridge
Two wrongs do not make it right. If he berated the defense while sparing the prosecution it would be even more egregious and strong grounds fro a defense appeal.
Well, I certainly hope this is true: Judge Ellis has a reputation for being harder on the defense than on the prosecution.
Because right now it does have the faint smell of bias...but I'd like to believe that this judge, while harsh, is fair.
52
Such an important trial and such a worry if this judge is biased as much of American life has turned totally political.
What a sad situation. Let’s hope the jury is apolitical and does their job so Americans can be confident in their decision
299
From my 30+ years of experience on this Earth, I can recognize a bully when I see one. TS Ellis is a bully. There’s no shortage of those in the legal profession I’m sure. But the man throws his power around simply because he can.
But that’s not strength. Denigrating people simply because he has the power to do is like a 210lb husband smacking his 120lb wife around. It doesn’t prove that he’s strong. It proves he likes abusing his authority.
“The measure of a man’s character is not determined by his capacity for destruction, but in his EXERCISE of restraint.” In my opinion, TS Ellis is of low character.
975
I dislike the attitude of judges who think it's 'my courtroom.' No it isn't - it's mine and you are an employee. They should not be baseball umpires each with their own interpretation of the strike zone.
1057
In the federal system it’s their courtroom. They’re there for life and we cannot fire them.
11
He seems to think that he is the star of his courtroom instead of the case being tried by jury. He is no more the star than Gates and it is beyond me why this case was assigned to someone in the senior service. Manafort was done in by the bookkeeper and accountants. Well, time will tell whether Judge Ellis is more deferential to the defense, or whether his antics swayed the jury.
228
Well, I am not amused. This is one of the most important legal battles in our country's history, not an afternoon in a bar local to a law school where the students challenge each other.
Democrats, please consider laws that mandate televising important trials, democracy and the rule of law demands it. I no longer trust that judges are appointed on merit, and the people have a right to watch and learn.
Also, and I write as one who is in my 70's, televised trials might alert the public to judges who no longer deserve the job thanks to dementia or other frailties.
Hugh
940
"....one of the most important legal battles in our country's history..."
Yep, a 10 year old bank fraud and tax case,
Surely you have lost all perspective or there's a joke hidden somewhere that I'm missing
3
@Hugh Massengill
American justice is far too much of a circus by Canadian/British standards. So, the judge takes a hard line with one of SEVEN prosecutors. Why on earth are so many needed? We must wait to see if the judge takes an equally hard line with the defending lawyers. This is a trial where we assume innocent people face legitimate facts that have to prove him guilty. I have no time for Trump and hope he is eventually tried for his various antics. However, in the meantime, Americans should try to remember the ideals of a trial rather than opening themselves up to possibly legitimate complaints from an obviously socially repugnant man who just might be legally innocent.
1
This is not one of America’s most important legal battles. It is a tax evasion and fraud case that would not have happened if Manafort hadn’t been Trump’s campaign manager. Mueller has already acknowledged there will be no collusion angle presented by the prosecution.
#resisters and #nevertrumpers will cling to this trial with feverishly unrealistic expectations. I wouldn’t be surprised to see Manafort get off, if he doesn’t the DoJ is going to have to round up every Washington lobbyist and try them for the same charges.
So Trump haters, if Manafort does get off are you prepared to accept the verdict and, in your world, all that implies? I doubt it. Seems this article is softening the landing for you.
Deep breath: there’s probably grounds for an appeal if Manafort walks. Judge Ellis did state to the prosecutors during the pre-trial that he knew what they were up to. Ellis admonished them about the reasons for prosecuting Manafort, stating they had no interest in Manafort, they were squeezing him to sing anything to get Trump. Being wise the judge warned Mueller that sometimes the squeezed not only sing, they compose. He then asked to see Mueller’s justice department authorization, the unredacted version. Ellis said if what Mueller verbally told him about his authority was right that made the prosecution the most powerful people in America. Which is wrong.
I don’t cheer for Trump. I don’t cheer against Trump. I cheer for those who stand up against abuse of the law.
39
As a former criminal defense lawyer in the federal system, Judge Ellis is not unusual. While it appears to be the province of older judges who grew up in a different time, it is their belief, that besides having a keen legal mind better than anybody else's, they feel the great need to be abusive. Abuse by judges has a long , storied and unchallenged tradition in the Federal courts.
Often these judges are lauded by the lawyers who appear in front of them the same way a battered spouse defends their husbands. "He may be this way, but he is a really good husband and father in other ways". These abusive judges, who courtrooms are little fiefdoms, would not be allowed to get away with this kind of abuse in any other forum.
It's time to crack down on them the same way we have been enlightened by the #MeToo movement. The time has come that their abuse is no longer tolerated.
1159
@feddef
It's not limited to the federal judiciary; and it is not getting better. This is a function of our corrupt judicial appointment system. Judges are appointed for their politics more often than their competence. This is particularly true under Republicans. Hence, it is not a job, it is a reward; accordingly, more often than not, judges abuse their power--usually by arbitrary attacks on attorneys appearing before them, like we see here. The reason why the judges abuse the attorneys, as opposed to the jury or the parties is because the attorneys constantly have to appear before these judges and it is the attorneys livelihoods that are at stake.
Another big secret is that the appeals courts usually will not sanction a lower court judge for arbitrary abuse of attorneys because they too have appointed sinecures and accordingly, support the reward system. Maybe Judge Ellis's stupidity in not modifying his normal behavior in this highly publicized case will prompt the movement towards reform that we practitioners know to be so necessary.
39
@feddef Let's face it. Federal Prosecutors who are basically accountable to no one needs to be put in check by the Judge. The State has unimaginable resources to flex their muscle and go after whom they target on a political and personal basis.
5
@feddef
If Manafort gets off due to the actions of this judge than he's done a great disservice to this country, the justice system and his profession.
27
From the description in this article, it seems like this judge allows his ego to rule the courtroom. That’s not cool. Prosecution and defense need to both be allowed the time to present their cases, if we want justice to be served.
156
An equal opportunity tyrant.
Some are so partisan to want a conviction of a Trump proxy and they want this judge to ease off. That's mistaken. Government power always needs to be checked. He'll do the same thing if (when) it were (will be) Julian Assange.
When the government and the media all want the same thing, be thankful for frictional interference. His irascibility is what fairness requires when you have nearly infinite resources on the government side.
He's quite unpleasant, and sets the tone for many other judges in that building. I never thought I'd be writing an appreciation.
Manafort will probably be convicted, but thankfully it will not for expensive, and bad, taste.
53
The prosecution is trying to provee it's case against what appears to be a monumental criminal, never mind Trump. For those of us at the bottom rung of the economic ladder, who could never even afford a good defense attorney for a minor crime, we'd like to finally see that money doesn't always buy your way out of jail. Because if it was us on trial, we'd be tried, sentenced, and behind bars by now. Why do the rich always seem to get away with obscene crimes?
43
@Weiss Man
As has been pointed out, Ellis has limited the prosecution's presentation of evidence to illustrate Manafort's lifestyle, while allowing the defense to go on and on about Gate's private life. There's nothing equal opportunity about it.
5
@Weiss Man: I could not disagree with you more than when you say that Judge Ellis's "irascibility is what fairness requires" but do agree with you when you describe him as "quite unpleasant." He is there to rule on objections and to instruct the jury. Apart from that, he should be like a piece of furniture. It is up to the lawyers to try the case. His ego and sense of self-importance simply does not allow him to limit appropriately his own involvement, as it might cause someone - anyone - to doubt his incredible importance and intellect.
3
I’d like to see the NYT do a lot more digging on this judge. What are his political leanings? Is he registered Democrat or Republican? Has he donated to any political campaigns? Has he spoken in public either for or against a Trump?
After all if, as Republicans claim, an FBI agent’s private political beliefs are enough to disqualify him/her from investigating a crime, then surely they should be enough to disqualify a judge from trying a crime.
Or does that rule only apply to liberals?
116
To bad Judge Ellis didn’t preside over the OJ trial!
11
Great, another Judge Lance Ito.....enjoying the limelight rather than presiding without prejudice. Fantastic.
85
Courtrooms are not empty of characters, nor performances. The only thing missing is meaning. I am not mean. The show must go, on and on. Everything is recorded.
who will judge the judges?
8
In Federal Court......No One! New appointees quickly learn that their conduct is rarely the cause for reversal of a verdict. They truly are Caeser in their own Roman State. Take it from an ancient trial lawyer.
12
I think U.S. Courts should prohibit anyone from going to judges' offices who is not a court employee and manage judicial email so that it is impossible for lawyers to send judges private emails.
I'm currently involved in litigation with the DoJ. I filed a Rule 201(c)(2) motion in June. DoJ did not file an objection but the judge hasn't ruled on my motion. Counsel sent me an email saying that DoJ expects the judge to ignore my motion and not rule on it. This really freaks me out.
7
Seven prosecutors? All peacocking for the limelight; the need for order in that court would be understandable.
14
Judges, especially Senior Judges, can seem like tyrants, but the world of litigation needs them. Cases should be tried based on admissible evidence, not insinuation, not to create jealousy and envy in the jury. Court of Appeals Judge Learned Hand, in a famous decision, in response to a prosecution argument about how little taxes a defendant paid because he took advantage of every loophole and deduction, observed in his written opinion that there is no patriotic obligation to pay taxes over and above what is required by law, and individuals are entitled to pay as little as they can within the law.
From my reading the reports of this trial, the prosecution has started out by trying to engender jealousy, envy, and resentment against the defendant by highlighting his flamboyant lifestyle and profligate spending habits.....none of which is illegal per se. Judge Ellis reigned them in on this. Its not evidence of criminality, only evidence of wealth.
Judge Ellis does not need this job, so he is doing it as he sees fit. Which appears to be well. And the prosecutors don't like it. Well, tough.
26
@RM Ellis's cynical and insinuating comments in the presence of the jury have the potential of prejudicing the jury. The judge can call for a sidebar to admonish lawyers. The jury should be trusted to evaluate what goes into evidence without these antics from the bench.
20
The prosecution itself was attempting to "prejudice the jury" by presenting irrelevant details about Manafort's spending habits, lifestyle, and the cost of individual purchases. They knew that but tried anyway. Ellis stopped them.
The judge could have directed to jury to disregard all of that testimony as prejudicial and irrelevant to the actual charges at hand. He could have ordered all testimony regarding it stricken from the record.
Surely you are aware of that.
2
@RM
Well, regardless of your view, Manafort is going down! And, after November, your Big Ginger Buddy is going down too .