"I don't see how this indictment has anything to do with anything the special prosecutor is authorized to investigate," Ellis said at a hearing on a motion by Manafort to dismiss the case. The hearing ended without a ruling, and Ellis didn't say when he would decide the matter in federal court in Alexandria, Virginia.The judge's unusually provocative remarks and questions don't necessarily indicate how he will rule, but they put Mueller's team on the defensive. The special counsel's office was given two weeks to deliver an unredacted version of a Justice Department memo authorizing Mueller's work.
A dismissal would be a blow to Mueller as he faces political attacks by Trump, congressional Republicans and conservative media. Still, Manafort faces an indictment in Washington on charges that he laundered millions of dollars and failed to register as a foreign agent of Ukraine.
This is an opening where DOJ/Sessions can step in. He (Sessions) is not recused from this case, because it has nothing to do with the Trump campaign. A nod from DOJ in the form of a friend of the court brief - not necessarily dismissing the case but suggesting it will be reassigned away from Mueller - would not be inappropriate.
A helping hand to Rosenstein, if you will. You can keep the case, but not the prosecutor.
This judge really raked team Mueller over the coals.
I thought the most interesting point he brought up was that the Manafort case did NOT ARISE FROM THE SPECIAL COUNSEL INVESTIGATION. Instead they just picked up an existing case on Manfort in order to get at Trump. The Special Counsel’s authorization says they can prosecute crimes that might arise as a result of their investigation.