Case 1:17-cr-00201-ABJ Document 24 Filed 11/03/17 Page 1 of 25
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
* * * * * * * * * * * * * * * *
UNITED STATES OF AMERICA,
vs.

)
)
)
)
)
)
)

Criminal Action No.
17-201
1:48 p.m.
October 30, 2017
Washington, D.C.

PAUL JOHN MANAFORT, JR. and
RICHARD W. GATES, III,
Defendants.
* * * * * * * * * * * * * * *
TRANSCRIPT OF ARRAIGNMENT
BEFORE THE HONORABLE DEBORAH A. ROBINSON,
UNITED STATES DISTRICT COURT MAGISTRATE JUDGE
APPEARANCES:
FOR THE GOVERNMENT:

GREG D. ANDRES,
Senior Assistant Special Counsel
ANDREW WEISSMANN
SCOTT MEISLER
U.S. Department of Justice
Special Counsel's office
950 Pennsylvania Avenue NW
Washington, D.C. 20530
202-514-1746

FOR DEFENDANT MANAFORT:

KEVIN DOWNING
THOMAS EDWARD ZEHNLE
Miller & Chevalier, Chartered
900 Sixteenth Street, NW
Washington, DC 20006
(202) 626-5800
Email: Tzehnle@milchev.com

FOR DEFENDANT GATES:

DAVID WALKER BOS
Federal Public Defender for the
District of Columbia
625 Indiana Avenue, NW, Suite 550
Washington, DC 20004
(202) 208-7500
Email: David_bos@fd.org

Pretrial Officer:
Court Reporter:

Saul Atencio
Elizabeth Saint-Loth, RPR, FCRR
Official Court Reporter
202-354-3242

Proceedings reported by machine shorthand, transcript
produced by computer-aided transcription.

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 Case 1:17-cr-00201-ABJ Document 24 Filed 11/03/17 Page 2 of 25
P R O C E E D I N G S

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2

THE DEPUTY:

This is criminal case year 2017-201,

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United States of America versus Paul J. Manafort, Jr.,

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Defendant No. 1, and Richard D. Gates [sic], III, Defendant

5

No. 2.

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Andrew Weissmann and Greg Andres for the

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Government; Kevin Downing and Thomas Zehnle representing

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Defendant No. 1, Mr. Manafort; David Bos representing

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Defendant No. 2, Mr. Gates for this proceeding only.

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Pretrial officer is Saul Atencio.

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12

This is an initial appearance, return on arrest
warrant, and arraignment.

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14

Mr. Manafort, Jr., and Mr. Gates, III, please
raise your right hand.

15

Do you each solemnly swear that you will well and

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truly answer all questions propounded to you, so help you

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God?

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DEFENDANT MANAFORT:

19

DEFENDANT GATES:

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THE DEPUTY:

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THE COURT:

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Yes, I do.

I do.

Please remain standing.
Now, will you each please state your

full name for the record.

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DEFENDANT MANAFORT:

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THE COURT:

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DEFENDANT GATES:

Paul John Manafort.

Thank you.

You may be seated.

Richard William Gates, III.

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THE COURT:

Thank you.

2

This matter is here for the purpose of an initial

You may also be seated.

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appearance and an arraignment.

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you are not required to make any statement concerning the

5

charges in the Indictment and that any statement you make

6

may be used against you.

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the right to the assistance of counsel.

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9
10

You are each advised that

You are each advised that you have

Mr. Manafort, the Court is aware that counsel has
entered an appearance on your behalf, Mr. Downing and
Mr. Zehnle.

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MR. ZEHNLE:

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THE COURT:

Zehnle.

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Mr. Gates.

I will ask Mr. Bos to address the

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Zehnle, Your Honor.
Excuse me.

status of your counsel.

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Mr. Bos, as of this time, the Court has no

16

indication that counsel has entered an appearance on your

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behalf.

Mr. Bos, will you address that, please.

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MR. BOS:

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Prior to the Court taking the bench, I had a

Yes, Your Honor.

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chance to speak with Mr. Gates.

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private counsel, but he does not have private counsel here

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today.

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3

He does intend to hire

I seek leave of the Court to appear for today's

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proceeding.

It is my understanding that we will just be

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doing the arraignment and also setting conditions of

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release.

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We are prepared to go forward with the

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arraignment.

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release proposal with Mr. Gates before we go any further.

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I do need a little bit of time to discuss a

THE COURT:

Mr. Bos, the Court, of course, will

6

permit you to appear for purposes of today's proceeding

7

only.

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proceeding, then the Court will obviously require the

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customary financial affidavit.

However, if your appearance extends beyond today's

And, indeed, it may be the

10

case that, absent a showing of eligibility for

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representation by the Federal Public Defender, that the

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Court would contemplate reimbursement of cost for today's

13

proceeding.

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MR. BOS:

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THE COURT:

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17

4

Very well, Your Honor.
Very well.

Thank you very much,

Mr. Bos.
Now, Mr. Downing or Mr. Zehnle, are you prepared

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to proceed with the arraignment?

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MR. DOWNING:

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THE COURT:

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You are, Mr. Downing.

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I will ask you to come to the podium, please.

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Good afternoon.

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MR. DOWNING:

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THE COURT:

We are, Your Honor.

Very well.

Good afternoon, Your Honor.

Mr. Downing, did you receive a copy of

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the Indictment?

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MR. DOWNING:

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THE COURT:

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I did.

And on behalf of Mr. Manafort, do you

waive formal reading of the Indictment?

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MR. DOWNING:

6

THE COURT:

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MR. DOWNING:

8

The plea is not guilty.

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THE COURT:

10

I do.

And with respect to a plea?
There is no plea, Your Honor.

That was my question, is there a plea

to be entered?

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And the plea is not guilty?

12

MR. DOWNING:

13

THE COURT:

14

MR. DOWNING:

15

THE COURT:

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Not guilty, yes, Your Honor.

To all of the charges?
To all of the charges.

Very well.

Thank you very much,

Mr. Downing.

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MR. DOWNING:

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THE COURT:

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MR. DOWNING:

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THE COURT:

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Mr. Bos.

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Good afternoon.

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of the Indictment?

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MR. BOS:

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THE COURT:

Thank you, Your Honor.

A plea of not guilty will be entered.
Thank you.

Thank you.

You may have a seat.

Mr. Bos, did you receive a copy

Yes, we have, Your Honor.
And on behalf of Mr. Gates, do you

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waive formal reading?

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MR. BOS:

3

THE COURT:

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MR. BOS:

Yes, we do, Your Honor.
And with respect to a plea?

Your Honor, on behalf of Mr. Gates, we

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would enter a plea of not guilty to each count in the

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Indictment.

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pursuant to the Fourth, Fifth, and Sixth Amendments, and

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also the Speedy Trial Act.

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10
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12

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And we would also assert Mr. Gates' rights

THE COURT:

Thank you very much, Mr. Bos.

The plea of not guilty will be entered, and your
other requests on behalf of Mr. Gates are noted.
Counsel, you are aware that this matter is on the

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calendar of U.S. District Judge Amy Berman-Jackson.

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Judge Jackson has proposed the following dates and times for

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a status hearing before her:

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9:30 a.m., 10:00 a.m. or 2 p.m.; alternatively, Friday,

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November 3rd at 9:30 a.m. or 10 a.m.

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19

Thursday, November 2nd at

I will ask you to take a moment and confer,
please, and select one of those dates and times.

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(Proceeding pauses while counsel confer.)

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MR. DOWNING:

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Your Honor, I believe the Thursday

date works, and the afternoon time of two o'clock.
THE COURT:

Very well.

Thank you very much,

Mr. Downing.
Everyone is in agreement then that the status

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hearing will be conducted on Thursday, November 2nd at

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2 p.m., and that will be before the assigned U.S. District

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Judge.

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Now, Mr. Weissmann or Mr. Andres, does the United

5

States wish to be heard with regard to conditions of release

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for Mr. Manafort and Mr. Gates?

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8

I will ask you to address one individual at a
time, please.

9

MR. ANDRES:

10

THE COURT:

11

MR. ANDRES:

12

Good afternoon, Your Honor.
Good afternoon.
Greg Andres for the Special Counsel's

Office.

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Your Honor, the Government takes the position that

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the defendant Paul Manafort constitutes a risk of flight.

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However, we believe that, with the appropriate bail package

16

and conditions, he can be released on bail.

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Our bases for arguing risk of flight have to do

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with the nature of the charges and the seriousness.

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Mr. Manafort's estimated guidelines from the money

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laundering count alone is between 151 and 181 months of

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imprisonment.

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Additionally, in light of the weight of the

23

evidence as outlined in the Indictment, Mr. Manafort's

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significant ties abroad -- we believe he constitutes a risk

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of flight.

And, again, we have had a chance to discuss some

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conditions with Mr. Downing in terms of the possibility of

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release.

3

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With respect to Mr. Gates, the Government also

4

takes the position that Mr. Gates constitutes a risk of

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flight in light of the charges in the Indictment.

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estimated guidelines for Mr. Gates are between 121 and 151

7

month's imprisonment.

8

There is substantial evidence with respect to those charges,

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as outlined in the Indictment.

The

Those charges, too, are serious.

And Mr. Gates as well has

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had significant ties abroad over time.

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One issue, Judge.

With respect to both

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defendants, the Special Counsel's office, through our

13

investigation, has had a difficult time ascertaining the

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assets of each defendant; that is based on various financial

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filings that each has made.

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respect to their net worth has varied significantly.

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Their representations with

For example, Mr. Manafort, in loan documents and

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other documents, has repeatedly identified his net assets

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from anywhere between $20 million and $100 million.

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Similarly, Mr. Gates has identified his net assets in the

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range of $30 million to $2 million.

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So in order to come to some resolution as to what

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an appropriate bail amount would be, we need some better

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understanding of what their financial positions are.

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THE COURT:

May I ask you to articulate, please,

 Case 1:17-cr-00201-ABJ Document 24 Filed 11/03/17 Page 9 of 25
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2

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what the Government's request is?
MR. ANDRES:

Specifically, Judge, so that the

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defendants have the opportunity to put together a

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substantial bail package, the Government does not oppose

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either defendant being released on home arrest or house

6

detention so that they may contact sureties, so that their

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counsel may inquire about their financial worth, and so that

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they may come back to Court to -- so that the parties can

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agree, hopefully, on a bail package that's appropriate.

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I think a lot of that work would be difficult to

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accomplish today.

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doesn't oppose release -- basically, temporary release on

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home detention, with various reporting requirements, so that

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we can come to an understanding of the necessary factors

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relevant for the bail.

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17
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So as a result of that, the Government

THE COURT:

What are the reporting requirements

that you request?
MR. ANDRES:

Judge, we would require -- we haven't

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had a chance to speak to pretrial services, but some level

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of reporting to pretrial services, perhaps on a daily basis,

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until such time as we're able to have a better

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understanding.

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to leave their homes to see their attorneys or for other

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medical emergencies.

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THE COURT:

Obviously, the defendants would be allowed

In other words, at this time the

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Government does not move for a detention hearing and asks

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that, as a condition of release, the Court order

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Mr. Manafort and Mr. Gates to comply with the conditions of

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home confinement?

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6
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9
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MR. ANDRES:

That is correct.

And, again, just to

be clear -THE COURT:

And you also wish daily reporting to

pretrial services?
MR. ANDRES:

Yes.

As to the first condition, Judge, we have had a

11

chance to speak to both of the defense counsel; and I

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believe they'll be in agreement.

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for themselves.

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15
16
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18

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Obviously, they can speak

We haven't had a chance yet to discuss each of the
conditions as it relates to the reporting and otherwise.
THE COURT:

May I ask you to proffer the

Government's request, please.
The Court expects to set, as it must, set the

19

conditions of release -- since the Government has not moved

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for a detention hearing, I must set conditions of release

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this afternoon.

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MR. ANDRES:

Understood, Your Honor.

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The Government requests that the defendants be

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placed on home detention with daily reporting.

And again,

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as I mentioned, that they be permitted to -- upon notice to

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pretrial services, be permitted to see their attorneys when

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they request and, also, any medical emergencies or other

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reasons that they might request to leave their homes.

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THE COURT:

It appears that the pretrial services

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agency has proposed as a condition that all passports be

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surrendered to pretrial services.

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condition that -- as to which you wish to be heard?

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9
10

MR. ANDRES:

May I assume that is a

Yes, Your Honor.

The Government

agrees with that condition.
THE COURT:

May I ask you to articulate, so that

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the record is clear, what your request is concerning a

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financial condition?

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conditions.

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These are, of course, nonfinancial

Is the financial condition a matter that you wish

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to address in greater detail at the time of the status

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hearing before Judge Jackson?

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MR. ANDRES:

Judge, presently, the Government

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would ask that the bail bond for Mr. Manafort be set in the

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amount of $10 million, again, subject to Mr. Manafort coming

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back and having the opportunity to speak to his lawyer and

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to propose an alternative.

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23
24
25

With respect to Mr. Gates, we would propose a bail
package of $5 million.
THE COURT:

Is your request for a surety bond in

those amounts, or some other form of condition?

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MR. ANDRES:

2

THE COURT:

3

Not presently, Judge.
Does that mean -- and, by that, do you

mean an unsecured appearance bond?

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5

MR. ANDRES:

An unsecured appearance bond subject

to home detention.

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Again, we anticipate that the parties will have

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the opportunity to discuss an alternative to that should

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they come up with appropriate sureties.

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10

THE COURT:

Very well.

MR. ANDRES:

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THE COURT:

Thank you, Judge.
Mr. Downing, I will hear from you

next.

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MR. DOWNING:

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THE COURT:

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Thank you very much,

Mr. Andres.

11

13

12

Thank you.

Do you wish to be heard with regard to

the proposed conditions of release?

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MR. DOWNING:

Yes, Your Honor.

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I guess I will save the Court the first part, that

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we definitely disagree with the strength of the Indictment

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or issues with changes in fair market value of assets that

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fluctuate greatly in varied economies; so we don't agree

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with that.

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with the United States Government on putting together a bail

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package.

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However, we do welcome the opportunity to work

We do accept the home confinement conditions and

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the daily check-in.

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with the Government over the next few days; and that our

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appearance for the status conference with the judge assigned

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to this case should be a time at which we should be able to

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have the appropriate agreements in place with the United

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States Government.

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8

THE COURT:

Very well.

Thank you very much,

Mr. Downing.

9
10

And we intend to revisit this issue

Mr. Downing, I'm sorry.

You did not address

passports.

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MR. DOWNING:

The passports have been in the

12

possession of the Federal Bureau of Investigation since

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yesterday morning.

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15

THE COURT:

Very well.

Thank you very much,

Mr. Downing.

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MR. DOWNING:

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THE COURT:

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MR. BOS:

Thank you.

Mr. Bos.

Your Honor, as I noted earlier, we were

19

prepared to go forward with the arraignment today.

But

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there is one outstanding issue concerning the conditions of

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release.

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live in Washington, D.C., we're going to need the assistance

23

of the pretrial services agency from Eastern District of

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Virginia to make sure they can provide supervision for the

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pretrial services here.

And that is that -- because Mr. Gates does not

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14

I have not had a chance to confirm with our

2

pretrial services representative that that has in fact been

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done.

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a brief pass to make sure that gets addressed.

So that was the one issue that I thought we may need

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6
7
8

THE COURT:

MR. BOS:

But, otherwise, no other objections to

the release conditions.
THE COURT:

10

Mr. Gates' passport.

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Thank you very much,

Mr. Bos.

9

11

Very well.

MR. BOS:
Government.

May I ask you to address the status of

Yes.

It is in the possession of the

It was turned in yesterday.

13

THE COURT:

Thank you very much, Mr. Bos.

14

Mr. Atencio, may we rely upon you, please, to

15

address the issue of courtesy supervision by the Eastern

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District of Virginia as to Mr. Gates.

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PROBATION OFFICER:

Good afternoon, Your Honor.

18

Saul Atencio of pretrial services.

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Yes, Your Honor.

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In reference to Mr. Gates, the Government is

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asking that Mr. Gates be placed on home confinement.

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would ask that we reach out to our partners at the Eastern

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District of Virginia.

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Honor, may be incorrect, but -- Mr. Gates resides in

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Richmond, Virginia.

I am not sure.

We

The District, Your

So I will reach out to the nearest --

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closest pretrial services office there to see if they can

2

accommodate the Court with placing Mr. Gates on home

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confinement, electronic monitoring.

4

We would ask, I guess, a quick pass from the Court

5

so we can at least speak to them and inform them of the

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case.

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8

THE COURT:

Very well.

Do you wish that brief pass now before we
continue?

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PROBATION OFFICER:

12

THE COURT:

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PROBATION OFFICER:

14

Thank you very much,

Mr. Atencio.

9
10

Yes, Your Honor.

Very well.
One other matter, Your Honor,

for the record.

15

THE COURT:

16

PROBATION OFFICER:

Yes.
In reference to Mr. Manafort,

17

I just want to make sure that the Government is requesting

18

home confinement as well for Mr. Manafort.

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entail us to verify Mr. Manafort's address here in Northern

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Virginia.

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High Intensity Supervision Program.

22

also briefly pass to verify his address.

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24
25

15

That would also

We would also place him on pretrial services'

THE COURT:

Very well.

So we just wanted to

Is that something that has

not yet been accomplished then, Mr. Atencio?
PROBATION OFFICER:

Yes, Your Honor.

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2

THE COURT:

Very well.

16

Thank you very much for

bringing that to the Court's attention, Mr. Atencio.

3

That means that at this time we will take a brief

4

recess so that the Court can ensure that we have complete

5

information for purposes of the release orders.

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PROBATION OFFICER:

7

THE COURT:

8

In the meantime, Mr. Manafort and Mr. Gates,

9
10

Thank you, Your Honor.

Thank you, Mr. Atencio.

please return with the marshal.

And we'll take a brief

recess until pretrial services is ready.

11

(Whereupon, the defendants were excused, 2:05 p.m.)

12

THE COURT:

13

recess.

Very well.

We will take a brief

You may all be seated.

14

(Whereupon, a recess was taken until 2:42 p.m.)

15

THE DEPUTY:

16

THE COURT:

17

Mr. Atencio, we will hear from you next.

18

Mr. Atencio, thank you.

19

Were you able to determine whether the pretrial

We are now back on the record.
Thank you.

20

services in the Eastern District of Virginia will be able to

21

provide this Court with courtesy supervision?

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PROBATION OFFICER:

Yes, Your Honor.

23

I was able to speak to a representative from the

24

pretrial office in the Eastern District of Virginia.

They

25

indicated to me that Mr. Gates should report to their office

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tomorrow afternoon at 12.

2

copy of their address so he can be there.

And I will also give Mr. Gates a

3

THE COURT:

4

Mr. Atencio, when you complete the release order,

5

Thank you so much, Mr. Atencio.

will you include that instruction on it?

6

PROBATION OFFICER:

7

THE COURT:

8

Mr. Atencio, as to Mr. Manafort, will courtesy

9

supervision be provided by the Eastern District, or will

10

17

Yes, Your Honor.

Thank you so much, Mr. Atencio.

your office do so?

11

PROBATION OFFICER:

12

Mr. Manafort's supervision, Your Honor.

13

his attorney, who verified Mr. Manafort's address; so he

14

will be monitored here through the pretrial services agency.

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THE COURT:

16

PROBATION OFFICER:

17

THE COURT:

18

Our office will monitor
I have spoken with

Thank you so much, Mr. Atencio.
Thank you, Your Honor.

Now, counsel, is there anything

further regarding conditions of release?

19

Mr. Andres.

20

MR. ANDRES:

21

THE COURT:

22

Mr. Downing, is there anything further regarding

23

No, Judge.

Thank you.

Thank you, Mr. Andres.

release conditions on behalf of Mr. Manafort?

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MR. DOWNING:

25

THE COURT:

No, Your Honor.

Thank you, Mr. Downing.

 Case 1:17-cr-00201-ABJ Document 24 Filed 11/03/17 Page 18 of 25
1

Mr. Bos.

2

MR. BOS:

No, Your Honor.

3

sure the record is clear.

4

will be revisiting this on Thursday.

5

no other observations.

6

THE COURT:

18

But I do want to make

It is our understanding that we
But other than that,

Mr. Bos, just so the record is clear,

7

may I ask whether your reference to revisiting some aspect

8

of the release order on Thursday concerns the financial

9

condition or the nonfinancial condition?

10

MR. BOS:

11

THE COURT:

12

The nonfinancial conditions, Your Honor.

today regarding the nonfinancial conditions?

13

MR. BOS:

14

THE COURT:

15
16

Is there a matter you wish to address

No, Your Honor.
Very well.

Thank you very much,

Mr. Bos.
Mr. Manafort.

Sir, at this time, the Court will

17

release you on the condition that you comply with all of the

18

requirements of the home confinement program.

19

The conditions will be explained to you by a

20

pretrial services representative when you report for

21

orientation as directed by pretrial services.

22

You will be permitted to leave your residence to

23

meet with counsel, to appear in court when required, for

24

medical appointments, and for religious observances.

25

than that, you are confined to your home.

Other

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You must report to pretrial services daily by

2

telephone by calling the number which appears on the release

3

order.

4

You are to have no passport in your possession nor

5

make any application for a passport while this case is

6

pending.

7

When you leave court today, you must report to the

8

marshal service office on the lower level of the courthouse

9

to complete the process known as "booking."

10

Your final condition, sir, is that you return to

11

Court whenever your appearance in court is required.

12

next scheduled court appearance is Thursday, November 2nd at

13

2 p.m. in the courtroom of Judge Amy Berman-Jackson, the

14

U.S. District Judge assigned to this case.

15

Your

You are advised that your willful failure to

16

appear for that hearing, or for any other hearing at which

17

your appearance is required, will be a separate offense for

18

which you could face an additional period of incarceration

19

or a fine or both.

20

Do you understand, sir?

21

DEFENDANT MANAFORT:

22

THE COURT:

I do.

In addition, the Court will add as a

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condition of release an unsecured appearance bond in the

24

amount of $10 million.

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You may have a seat until the release order has

 Case 1:17-cr-00201-ABJ Document 24 Filed 11/03/17 Page 20 of 25
1

been completed.

2

Mr. Atencio.

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PROBATION OFFICER:

Yes, Your Honor.

4

Just one question.

The Court would like

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Mr. Manafort to report daily by telephone?

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THE COURT:

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PROBATION OFFICER:

8

(Proceeding pauses.)

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THE DEPUTY:

10
11
12

Yes.

Until further order.
Yes, Your Honor.

Mr. Manafort, please stand and raise

your right hand.
Do you solemnly swear to follow the conditions of
release as set forth by the Court, so help you God?

13

DEFENDANT MANAFORT:

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THE DEPUTY:

I do.

Do you acknowledge yourself indebted

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to the United States in the sum of $10 million, conditions

16

upon your appearance before this Court when required, so

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help you God?

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DEFENDANT MANAFORT:

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THE DEPUTY:

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THE COURT:

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Now, Mr. Gates.

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23

I do.

Please be seated.
Thank you.
Sir, the Court will release you

on the home confinement condition.
You will be supervised by federal pretrial

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services in the Eastern District of Virginia.

You must

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report to pretrial services in that district as directed by

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 Case 1:17-cr-00201-ABJ Document 24 Filed 11/03/17 Page 21 of 25

21

1

the pretrial services representative in Court this afternoon

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and comply with the instructions there.

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The Court will permit you to leave your residence

4

for the limited purposes of meeting with counsel, appearing

5

in Court when required, medical appointments or other

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medical needs, and religious observances.

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You are to report to pretrial services daily by

8

telephone, unless directed by the pretrial services in the

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Eastern District of Virginia to report in some other

10

fashion.

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You are ordered that you may have no passport in

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your possession or make application for a passport while

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this case is pending.

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When you leave court today, you must report

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immediately to the marshal service office on the lower level

16

of the courthouse to complete the marshal service

17

processing.

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Finally, sir, the Court will add as a condition an

19

unsecured appearance bond in the amount of $5 million.

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Your final condition is, of course, that you

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return to court when your appearance in court is required.

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Your next scheduled court appearance is Thursday,

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November 2nd at 2 p.m. in the courtroom of Judge Amy

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Berman-Jackson, the U.S. District Judge assigned to your

25

case.

 Case 1:17-cr-00201-ABJ Document 24 Filed 11/03/17 Page 22 of 25
1

22

You are advised that your willful failure to

2

appear for that hearing or at any other time your appearance

3

in court is required will be a separate offense for which

4

you can face an additional period of incarceration or a

5

fine, or both.

Do you understand, sir?

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DEFENDANT GATES:

7

THE COURT:

8

(Proceeding briefly pauses.)

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THE DEPUTY:

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12

I do, Your Honor.

Thank you.

You may have a seat.

Mr. Gates, please stand and raise

your right hand.
Do you solemnly swear to follow the conditions of
your release as set forth by the Court, so help you God?

13

DEFENDANT GATES:

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THE DEPUTY:

I do.

Do you acknowledge yourself indebted

15

to the United States in the sum of $5 million, conditions

16

upon your appearance before this Court when required, so

17

help you God?

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DEFENDANT GATES:

I do.

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THE DEPUTY:

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THE COURT:

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briefly, please, to the podium?

Please be seated.
Mr. Bos, may we ask you to return
Thank you.

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MR. BOS:

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THE COURT:

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Mr. Bos, may I ask whether during the recess you

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Yes, Your Honor.
Thank you, Mr. Bos.

received any indication concerning when retained counsel

 Case 1:17-cr-00201-ABJ Document 24 Filed 11/03/17 Page 23 of 25
1
2

will enter an appearance?
MR. BOS:

Your Honor, I'm guessing that will be by

3

Thursday, but I don't want to make any further

4

representations at that point.

5

23

I will make sure that I am here and available on

6

Thursday if it turns out retained counsel has not entered

7

his appearance at that point.

8
9

THE COURT:

Because the Court has no basis upon

which to conclude that Mr. Gates is eligible for appointed

10

counsel, it may be the case that the assigned district judge

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will expect some demonstration of the status -- with respect

12

to the status of retained counsel.

13

While the Court certainly appreciates your

14

willingness to assist this afternoon on short notice, we

15

have no reason to believe that your appearance would be for

16

any matter other than this afternoon's proceeding.

17

indeed, as I suggested at the outset, absent some further

18

showing, which may be moot at a later time before the

19

assigned district judge, it will be the expectation of the

20

Court that Mr. Gates would reimburse the Public Defender for

21

its cost, since Mr. Gates -- based on what has been

22

proffered by counsel for the Government -- is not eligible

23

for appointed counsel.

And

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MR. BOS:

That's fine, Your Honor.

25

My anticipation was I will just wait until he's

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24

1

released from the marshal service.

If there are additional

2

things that we need to take care of, we will do so at that

3

time, concerning the financial affidavit.

4

a representation at this point.

5

THE COURT:

I just can't make

The Court has not asked you to.

I

6

have simply noted that it does not appear, based on what has

7

been stated in open court thus far, that your appearance

8

could be entered prospectively.

9

thanks you for your willingness to assist this afternoon.

10

MR. BOS:

11

THE COURT:

12

Very well, Your Honor.
Now, is there anything further with

respect to this matter at this time, Mr. Andres?

13
14

And, again, the Court

Is there anything further on behalf of the Special
Counsel?

15

MR. ANDRES:

16

THE COURT:

17

Mr. Downing, is there anything further on behalf

18

No, Judge.

Thank you.

Thank you, Mr. Andres.

of Mr. Manafort?

19

MR. DOWNING:

20

THE COURT:

21

MR. DOWNING:

22

THE COURT:

23

behalf of Mr. Gates?

24

MR. BOS:

25

THE COURT:

Nothing further.

Thank you, Mr. Downing.
Thank you, Your Honor.

Mr. Bos, is there anything further on

No, Your Honor.
Thank you.

 Case 1:17-cr-00201-ABJ Document 24 Filed 11/03/17 Page 25 of 25
1
2

25

Mr. Manafort and Mr. Gates, please return with the
marshals.

3

Counsel, you may be excused.

4

MR. ANDRES:

5

THE COURT:

6

(Whereupon, the proceeding concludes, 3:03 p.m.)

Thank you, Judge.
Thank you.

7

* * * * *

8

CERTIFICATE

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10

I, ELIZABETH SAINT-LOTH, RPR, FCRR, do hereby

11

certify that the foregoing constitutes a true and accurate

12

transcript of my stenographic notes, and is a full, true,

13

and complete transcript of the proceedings to the best of my

14

ability.

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16
17

Dated this 30th day of October, 2017.

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/s/ Elizabeth Saint-Loth, RPR, FCRR
Official Court Reporter