Case Document 536 Filed 02/27/19 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA v. Crim. No. 17-201-1 (ABJ) PAUL J. MANAFORT, JR., Filed Under Seal Defendant. SUPPLEMENTAL MEMORANDUM WITH RESPECT TO THE FEBRUARY 13. 2019 RULING The United States of America, by and through Special Counsel Robert S. Mueller, submits this memorandum to address two issues arising from the Court?s February 13, 2019 oral ruling that Manafort breached his plea agreement and intentionally lied during brie?ngs with the government and testimony before the grand jury. A. The government seeks to bring to the Court?s attention additional evidence concerning one prong of the third subject-matter area addressed in the February 13, 2019 ruling, which the Court?s written order identi?es as the defendant?s ?multiple false statements to the FBI, the OSC, and the grand jury concerning matters that were material to the investigation: his interactions and communications with Kilimnik.? Order, at 3 (Doc. 509). Speci?cally at issue is the Court?s ?nding that Manafort lied in claiming that he After the hearing, on February 15, 2019, Rick Gates was interviewed by the Special Counsel?s Of?ce and, as discussed below, Gates con?rmed that? Case Document 536 Filed 02/27/19 Page 2 of 6 sea February as, 2019 Gees 302? eel (mean he ea Gates stated, however, that he did not understand the a need eeaw. See February 15, 2019 Gates 302, at 3 (Exhibit A). Gates does not know if ea- As a result of learning new information about a possible the government again reviewed the available documentary evidence. The government had been aware (Exhibit C). Both - had been provided to the defense as part of discovery on December 8, 2017. The Court referred to the - issue in the February 13, 2019 hearing.2 During the February 15, 2019 interview, Gates said he remembered that he used? in preparing for e? As a result of media covers :3 of the breach litigation, Gates (through counsel) provided information to the sco about? him. 2 See Februa 2019 Hr? Tr. at ?Mr. Manafort said . The government thereafter met with Gates on February 15 to debrief Case Document 536 Filed 02/27/19 Page 3 of 6 As discussed below, the government does not believe that this new evidence should affect the Court?s ruling that Manafort lied with respect to the subject matter area in general or its ?nding that Manafort red - The January 14, 2019 Declaration In Support of the Government?s Breach Determination and Sentencing cited the following multiple strands of evidence in support of the position that Manafort lied when he denied (1) Gates? various statements documented in FD 3025 (see Declaration ?l 54); (2) Kilimnik?s emails referencing (id. 1] 55); (3) the fact that Manafort and Gates and (4) the fact that on and attached (Declaration 56). With respect to the the Declaration stated, Id- The Court referenced the several occasions during the February 4 and 13 hearings, but did not rely solely on_ rrsrurngr Because the government presented additional and suf?cient evidence that Manafort lied information and the _should not alter the Court?s ruling. First, as noted, Gates has provided consistent information that Manafort and did so again at the February 15, 2018 debrie?ng. Gates? information was summarized in the February 15, 2019 Gates 302 as follows: 3 See February 13, 2019 Hr?g Tr. at- see lr?ebruar 4, 2019 Hr? Tr. at 4 See. January 31, 2018 Gates 302. at 17 Exhibit Se tember 27, 2018 Gates 302, at 2 (Exhibit February 7,2018 Gates 302, at 15 Case Document 536 Filed 02/27/19 Page 4 of 6 February 15, 2019 Gates 302, at 1 (Exhibit A). Second, as the Court found, Gates? statements were corroborated by the Kilimnik emails, which speci?cally referenced the and which were marked as Government Exhibits Third, that Manafort and Gates? fact not in dispute?also corroborates Gates? statements. Of note, Gates again detailed the substance of in his February 15, 2019 debrie?ng. The February 15, 2019 Gates 302 summarized his statements on this issue. February 15, 2019 Gates 302, at 3-4 (Exhibit A). These statements are consistent with the information previously provided by Gates.6 Fourth, Gates has again provided evidence that is helpful to Manafort at least with respect to the ome? The fact that Gates came forward to the government with this information further bolsters his credibility. Finally, Manafort?s statements to the government that he never would have told- ?and only told Gates to is itself implausible: it is hard to imagine that Gates, who worked for Manafort on the campaign and at DMI, would have taken it on himself to - without authorization or alerting his boss. In sum, the government continues to submit that this_ subject matter area has been established 5See February 13, 2019 Hr?g Tr. atl. 6See January 30, 2018 Gates 302, at 2-5 (Exhibit-x see also Februar I3 2019 Hr? Tr. at ?Exhibit 236, the 302 from Januar 2013. Gates sa 5 we discussed Thosearerreuysrecmcwords-"J. 4 Case Document 536 Filed 02/27/19 Page 5 of 6 by a preponderance of the evidence and, in any event, the new information would not undermine the Court?s conclusion as to the subject matter area as a whole. The government also seeks to advise the Court that the reference in the February 13 transcript to and as -should instead identify each While? is-, both? and- See Gates For the reasons cited, the government seeks to correct the record with respect to the Court?s February 13, 2019, oral ruling based on the information above. 7See Februar 13, 2019 Hr? 3 Case Document 536 Filed 02/27/19 Page 6 of 6 Dated: February 26, 2019 Respectfully submitted, ROBERT S. MUELLER Special Counsel By: Andrew Weissmann Andrew Weissmann Jeannie S. Rhee (D.D.C. Bar No. 464127) Greg D. Andres (D.D.C. Bar No. 459221) US. Department of Justice Special Counsel?s Of?ce 950 Avenue NW Washington, DC. 20530 Telephone: (202) 616-0800 Attorneys for the United States of America Case Document 536-1 Filed 02/27/19 Page 1 of 8 Exhibit A Case Document 536-1 Filed 02/27/19 Page 2 of 8 REDACTED Case Document 536-1 Filed 02/27/19 Page 3 of 8 Exhibit Case Document 536-1 Filed 02/27/19 Page 4 of 8 REDACTED Case Document 536-1 Filed 02/27/19 Page 5 of 8 Exhibit Case Document 536-1 Filed 02/27/19 Page 6 of 8 REDACTED Case Document 536-1 Filed 02/27/19 Page 7 of 8 Exhibit Case Document 536-1 Filed 02/27/19 Page 8 of 8 REDACTED