Prosecutors had evidence last year to indict Trump’s prominent ally Tom Barrack

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Prosecutors wanted to move the case forward and believed they could get an indictment, a source familiar with the case said. The source said the investigation was conducted for the most part long before the period when prosecutors are discouraged from pushing forward politically sensitive issues ahead of an election.

But two sources told CNN that then-American lawyer in Brooklyn, Richard Donoghue, expressed doubts about the case. It’s unclear whether he outright delayed the case or whether prosecutors chose not to move forward at the time knowing the U.S. prosecutor would not back him.

A spokesperson for the Brooklyn U.S. Attorney’s Office declined to comment.

Donoghue did not respond to CNN’s request for comment.

Donoghue was then promoted by then Attorney General Bill Barr to Deputy Senior Assistant Attorney General in the Department of Justice.

Barr was also known within the department for having reservations, in general, about cases of foreign lobbying, which the Department of Justice had struggled to pursue in the past.

The case, which was indicted on Tuesday, has become one of the sensitive issues awaiting the arrival of Justice Department officials from the Biden administration this year.
California businessman indicted for lobbying counted Trump among his

Barrack’s indictment struck a heavy blow in Trump circles because of his close association with “Donny,” as Barrack referred to the former president in a deposition last year.

With a four-decade friendship with Trump and his post as an advisor during the 2016 campaign, transition, and early days of administration, Barrack is knowledgeable about the people around the former president and the events that have already taken place. resulted in criminal charges.

But Barrack, the wealthy head of a real estate and private equity firm, is committed to fighting the charges and can afford a strong defense, making it less likely that he will become a cooperative witness against a larger target. important. A person familiar with Barrack’s thinking said he had no intention of cooperating with any federal or state investigations related to Trump.

Instead, prosecutors appear to be treating Barrack like their big fish, the subject of what current and former justice officials acknowledge is an aggressive case that is part of a broader crackdown by the Department of Justice on alleged violations of foreign lobbying laws, which have rarely been enforced. for decades.

He was charged Tuesday with illegal foreign lobbying on behalf of the UAE for what Brooklyn federal prosecutors described as an effort to influence the foreign policy positions of the 2016 Trump presidential campaign and the incoming administration that followed. In a seven-count indictment, Barrack was charged with acting as an agent of the United Arab Emirates between April 2016 and April 2018. He was also charged with obstructing justice and d ” making false statements to federal law enforcement officials.
Trump ally Tom Barrack jailed for acting as agent of a foreign government

Granted, Barrack could still decide he wants to avoid trial and provide evidence of possible wrongdoing by others. His deep ties to the Trump world during the 2016 campaign made him a witness in the special counsel investigation of Robert Mueller and others.

Federal prosecutors in Manhattan also examined his role as chairman of Trump’s inaugural committee, of which he was chairman, including allegations that some people associated with the inauguration violated influence peddling laws, but this investigation has not been active since last year and no one has ever been charged in the case, according to people familiar with the matter.

Due to his presidency of the inaugural committee, Barrack has been filed in an ongoing civil lawsuit over the inaugural festivities by the DC Attorney General.

The relative novelty of the foreign lobbying cases has given some senior justice officials in the Trump administration a pause on the Barrack case, especially after prosecutors lost or encountered problems in others. similar cases.

Next, Mark Lesko, who helped oversee the Barrack case as the first Deputy U.S. Attorney in Brooklyn, was recruited earlier this year to take over from the Acting Deputy Attorney General of the National Security Division at Headquarters. of Justice, the unit that helps bring the case. , said people briefed on the matter.

The postponement of a politically sensitive case within the justice ministry until the arrival of a new administration is not without precedent. Last year, when federal prosecutors in Manhattan raised the possibility of seeking a search warrant for Rudy Giuliani’s communications, senior justice officials decided not to make a final decision, in part because of the change. imminent administration.
Earlier this year, after a new branch was installed at the Justice Department, federal agents executed search warrants in Giuliani’s apartment and office.

CNN’s Sonia Moghe and Emma Tucker contributed to this story.

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