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Special prosecutors said Wednesday to a federal judge that they were opposed to a request from former Trump campaign advisor, George Papadopoulos, to delay the prison sentence that he had imposed on federal investigators.
Papadopoulos has applied to the District Court to continue his imprisonment until the District Court rules on the constitutionality of the appointment of Robert Mueller as Special Advocate to investigate the Russian interference during the American elections. Mueller's appointment was challenged by an appeal by Andrew Miller, a former associate of Trump's longtime partner Roger Stone, who refused to appear before a grand jury in August.
The outcome of Miller's appeal could "affect the validity of the lawsuits and the conviction of Mr. Papadopoulos," said Mr. Papadopoulos' lawyers at a trial. "If the appeal succeeds, the special council does not have constitutional authority to sue Mr. Papadopoulos in the first instance," they added.
Federal prosecutors, however, argued before Judge Randolph Moss that Papadopoulos himself was not a party to the appeal in the court of first instance, and wrote that "his request is made for the purpose of delay. and he has not asked a legal question is likely to cause a reversal ".
They noted that despite the guilty plea for making false statements to the FBI, Papadopoulos repeatedly and publicly criticized his conviction on Twitter. In October, the former Trump campaign collaborator wrote: "I was sentenced to prison in our country while exculpatory evidence was hidden from me, so I knew what I knew today." I would never have pleaded guilty. " Papadopoulos wrote last week: "The biggest regret? Plead guilty[.]"These tweets have been deleted since.
The Special Council team pointed out that throughout the plea agreement process, Papadopoulos was aware of his rights, including his right to appeal, which he did not choose. "[B]To start serving a sentence within the range of means envisaged when a legal issue is pending on appeal in an unrelated case does not constitute a penalty or an injustice, "the prosecutors wrote.
Papadopoulos' lawyers have tried to argue that their client "was in unnecessary danger of serving a sentence of incarceration unconstitutionally pronounced".
"The defendant got what he had negotiated for, and letting him do it is not a problem," wrote Mueller's team in the government's response.
Papadopoulos – who was questioned by FBI officials about his interactions with Russian middlemen, including a Maltese professor who had told him that the Kremlin had "messed up" Hillary Clinton, was to begin his 14 days of incarceration on 26 November.
The High Court has already heard arguments on appeal challenging the legality of Mueller's appointment, which Papadopoulos' lawyers have invoked to delay his prison term. In case of refusal, the lawyers of Miller, Stone's confidant, declared that they wanted the case to be brought before the Supreme Court.
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