Trump Watch: Mueller’s New Charges Scar Skadden

Happy Wednesday Trump Watchers, we're halfway through this short week. Here in the swamp, things are really heating up. No, seriously, it reached 80 degrees in D.C. Not to mention Robert Mueller, the special counsel, is on a roll with indictments and plea deals. We'll get into all that in today's briefing. Have news tips, questions, comments? Get at me: cschneier@alm.com or on Twitter: @CoganSchneier. Want to receive Trump Watch as an email? Click here to sign up.


VAN DER WHAT?

Robert Mueller, the special counsel, scored his fourth guilty plea Tuesdayin the ongoing investigation into Russian interference in the 2016 election and ties to the Trump campaign. Alex van der Zwaan, a 33-year-old former Skadden associate, admitted to one count of lying to investigators, a felony that carries a maximum sentence of five years behind bars, but for which he will likely only serve a few months. Skadden drama abounds: Van der Zwaan, who worked in Skadden's London office, is the first lawyer charged in Mueller's investigation, and his involvement raises questions about Skadden's work. A Skadden spokeswoman said in an email that the firm is cooperating with federal investigators, and that VDZ's conduct is contrary to the firm's values. -Van der Zwaan, the son-in-law of Russian oligarch German Kahn, was charged with lying about his 2016 contacts with former Trump campaign aide, Rick Gates, and an unnamed person ("Person A"). The communications related to a 2012 report van der Zwaan and other Skadden lawyers worked on about the trial of former Ukrainian Prime Minister Yulia Tymoshenko. -Former Trump campaign chairman Paul Manafort, who was indicted and pleaded not guilty along with Gates last year, reportedly arranged for Skadden to conduct the report on behalf of the Ukrainian government, and it was used by allies of former Russian-aligned Ukrainian President Viktor Yanukovych, a client of Manafort. Federal prosecutors also alleged that Manafort and Gates used offshore accounts to pay for the report. -The report said the trial was flawed, but ultimately concluded Tymoshenko's prosecution was not politically motivated. When it was published, the New York Times said the Skadden lawyers "seemed to side heavily with the government of President Viktor F. Yanukovich." -Skadden deja vu? Manafort's daughter, Andrea Manafort Shand, was an associate at Skadden from 2012 to 2016. The firm was in the news last year when Ukrainian hackers stole her text messages, apparently in an effort to blackmail her father. Who else worked on the Skadden report? -The work was led by Gregory Craig, the former White House counsel under President Barack Obama. Other partners on the report included Cliff Sloan and Margaret Krawiec. Craig listed work for Ukraine on his firm bio, while the other partners did not. -In addition to van der Zwaan, other associates who worked on the report were Alex Haskell, Paul Kerlin, Kara Roseen and Allon Kedem. All still work at Skadden, except Kedem, who now works in the solicitor general's office. → It's unclear if any of these folks have spoken with Mueller, or who their lawyers are. Know something? Email me!It's worth noting what van der Zwaan was NOT charged with: The statement of the offense, which van der Zwaan signed and accepted as true as part of his plea deal, said van der Zwaan leaked an advance draft of the report in the summer of 2012 to a public relations firm working on behalf of the Ukraine Ministry of Justice to manage the lobbying strategy for the report. He also sent Gates talking points to use in the public relations campaign, and ways to describe it as "favorable to the client." However, van der Zwaan told investigators that he played "a passive role in the roll out of the the Report." -The plea deal notes that VDZ won't be charged with any violations of the Foreign Agent Registration Act or other laws "arising from the preparation and/or roll out of the Tymoshenko report for the Ukraine Ministry of Justice." Remember, Manafort and Gates were charged with FARA violations, and face years in prison. -Van der Zwaan is repped by a team from Cooley that includes partners William Schwartz, David Mills and Laura Grossfield Birger.On Twitter, I saw some commentary about how bad this looks for Skadden. Matthew Miller, former head of public affairs at DOJ under President Barack Obama, tweeted: "Wow. Van der Zwaan is a former Skadden attorney who worked with Greg Craig on that sketchy report for Yanukovych. Big black eye for the firm".For context: Van der Zwaan's plea comes just days after Mueller indicted 13 Russian nationals and three companies in a detailed conspiracy to interfere in the elections, and secured a guilty plea from a California man who sold fake bank accounts. Safe to say, Bobby Three Sticks is on a roll.


More for Manafort? According to WaPo's Spencer Hsu, a new charging document was filed in Paul Manafort's and Rick Gates' case. It's unclear what exactly the document is, because it's under seal. But NBC also reported investigators are looking into whether Manafort bribed a Chicago banker in return for home loans, and in a redacted filing last week, lawyers for the special counsel said they found evidence of more criminal activity by Manafort. Also, the L.A. Times reported earlier this week that Gates will reverse his plea, but we have yet to get any concrete court filings on that.


Don't forget about the Gavel Tracker, my weekly tally of the Trump administration's progress on judicial nominations:


Speed Reads:

-In DOJ's ongoing case against AT&T over its merger with Time Warner, a federal judge on Tuesday blocked the company's attempts to learn about communications between the department and the White House. C. Ryan Barber has the story here. -Justice Clarence Thomas authored a controversial dissent in a gun rights case, which came out just days after a massive school shooting in Florida. More here from Marcia Coyle. -Associate Attorney General Rachel Brand said last week that DOJ was looking to get more involved in class action settlements. They jumped in Friday, per moi. -A new lawsuit claims the Trump administration is illegally keeping young immigrants from their families. Jason Grant reports here.


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