Ordered to jail

Papadopoulos ordered to jail Monday

By JOSH GERSTEIN

A federal judge has rejected a last-ditch bid by former Trump campaign foreign policy adviser George Papadopoulos to put off his looming but brief federal prison sentence.

In ruling issued just a day before Papapdopoulos was scheduled to report to serve his two-week sentence for making false statements to FBI agents investigating alleged links between the Trump campaign and Russia, U.S. District Court Judge Randy Moss said Papadopoulos’ legal arguments fell short of what was needed to justify delaying the sentence Moss imposed in September.

When Papapdopoulos entered his guilty plea last year, he passed up the opportunity to challenge special counsel Robert Mueller’s authority and the legality of his appointment, but in a pair of recent motions, the former Trump campaign adviser tried to harness a pending appeal in another case in which a grand jury witness is leveling a legal attack on Mueller’s power.

However, Moss said in his 13-page opinion Sunday that Papadopoulos’ decision not to appeal his sentence and his agreement not to do so under most circumstances, left him with no viable legal avenue to demand relief. The judge also said he saw little likelihood the pending challenge to Mueller’s authority would prevail.

Papadopoulos “has failed to demonstrate that the D.C. Circuit is likely to conclude that the appointment of the Special Counsel was unlawful — and, indeed, he has failed even to show that the appeal raises a ‘close question’ that ‘very well could be decided’ against the Special Counsel,” Moss wrote.

Moss also noted that two of his colleagues on the district court bench in Washington, Chief Judge Beryl Howell and Judge Dabney Friedrich, have already rejected legal arguments that Mueller’s appointment ran afoul of the Constitution.

Moss, an appointee of President Barack Obama, also turned down Papadopoulos’ request for a stay of his sentence so that he could ask the D.C. Circuit Court of Appeals for relief. Moss noted that the former Trump campaign adviser’s request on that score came last Wednesday, just one business day before he was supposed to turn himself in to begin serving his sentence.

“If the ‘purpose of [Papadopoulos’] motion [to continue bail] [is] frustrated,’ he has only his own delay to blame,” the judge wrote. “Papadopoulos has not identified any extenuating circumstances — nor is the Court aware of any — that would overcome the presumption against granting such an eleventh-hour stay.”

Later Sunday, Papadopoulos sent a series of tweets suggesting he was resigned to turning himself in Monday to serve his sentence.

"The truth will all be out. Not even a prison sentence can stop that momentum. Looking forward to testifying publicly shortly after. The wool isn’t going to be pulled over America’s eyes forever," he wrote in one tweet, adding "Much love" and an American flag emoji.

"Keep the focus on FISA declassification. Do not get distracted. See you on the other side," Papadopoulos added in another message.

Mueller’s office opposed Papadopoulous’ request to stave off his sentence. Prosecutors also used the legal wrangling over that issue to point out to the judge that Papadopoulos’ remorseful public tone at his sentencing changed dramatically in the weeks that followed, with the defendant arguing on Twitter and in interviews that he was “framed” by an intelligence operation targeting Trump supporters and the campaign.

Mueller’s team noted that Papadopoulos posted, then deleted, a series of messages related to his case, including one saying: “Biggest regret? Pleading guilty.”

“Following the defendant’s sentencing, he made a variety of public statements that appear to be inconsistent with his stated acceptance of responsibility at sentencing,” the prosecutors wrote in their submission to the court last week. “The defendant received what he bargained for, and holding him to it is not a hardship.”

The Chicago-based criminal defense attorneys who negotiated the plea formally backed out of the litigation earlier this month. A new team of lawyers who had been handling a civil suit against the former Trump campaign adviser then entered the criminal case and filed the motions trying to delay Papadopoulos’ prison sentence

One of the defense motions indicated that Papadopoulos was considering seeking to overturn his plea based on “newly-discovered evidence.” However, at another point, the defense said Papadopoulos would promptly report to prison if the appeal attacking Mueller’s authority fizzles.

The new attorneys did not immediately respond to a request for comment on Moss’ ruling, but shortly after the decision was released Sunday morning Papadopoulos retweeted a comment from a political ally painting the prosecution as a “set up” and calling for Mueller’s probe to be ended.

“No surprise @GeorgePapa19 failed in his bid to delay his 14 day incarceration,” Judicial Watch President Tom Fitton wrote in the message. “And no surprise much of our corrupted media and Congress ignore strong evidence that he was set up as part of illicit Obama administration effort to spy on and destroy @realDonaldTrump. Shut it down.”

While Papadopoulos was sentenced to 14 days in prison, he was held in custody overnight after being arrested as he returned to the U.S. from Europe last year. That could entitle him to up to two days credit on his sentence.

Papadopoulos’ wife, Simona Mangiante Papadopoulos, has urged President Donald Trump to pardon her husband. Just two days ago, she also retweeted a message noting that the president could commute the former campaign aide’s sentence. There has been no indication from the White House that he plans to do so.