Special Counsel Is Granted Request to Keep Inquiry Details Private

ALEXANDRIA, Va. — The federal judge overseeing the trial of Paul Manafort sealed a transcript on Thursday of a private discussion in front of his bench after prosecutors from the special counsel’s office argued they needed to protect an “ongoing investigation.”

The conversation concerned whether investigators had questioned Rick Gates, the government’s star witness and Manafort’s longtime deputy, about the Trump campaign.

Prosecutors argued that they needed to protect the secrecy of their inquiry — though they did not specify the Russia investigation — and limit the “disclosure of new information.” The judge, T.S. Ellis III, ruled in their favor.

Gates is the most important witness so far to testify against Manafort, who faces 18 charges of tax and bank fraud. Gates served as the Trump campaign’s deputy chairman under Manafort. After Manafort was forced out as the campaign’s chairman in August 2016, Gates became its liaison to the Republican National Committee.

The fraud charges against Manafort are not related to the campaign or Russia’s interference in the 2016 presidential election. The special counsel, Robert Mueller, sought Manafort’s indictment using his authority to investigate evidence that arises of other crimes during their investigation. Prosecutors have avoided any mention of the broader inquiry since the trial began nine days ago in Alexandria, Virginia.

But Manafort’s lawyers have tried to edge in that direction, possibly in the hope that jurors will see their client as a victim of a politically inspired vendetta. President Donald Trump routinely calls Mueller’s investigation “a witch hunt” aimed at him and those who helped him win the White House and has suggested Mueller’s team has treated Manafort far too harshly.

On Tuesday, one of Manafort’s lawyers asked Gates, who pleaded guilty this year to two felony charges and has since been cooperating with prosecutors, whether he had been “interviewed by other members of the Office of Special Counsel about the Trump campaign.”

When Gates answered yes, the lawyer, Kevin Downing, continued: “And were you interviewed on several occasions about your time at the Trump campaign?”

Prosecutors then objected, and Ellis called both sides to the bench to discuss the line of questioning out of the jury’s hearing.

In their motion, prosecutors argued that disclosing what was said would “reveal substantive evidence pertaining to an ongoing investigation.” They added, “Sealing will minimize any risk of prejudice from the disclosure of new information relating to that ongoing investigation.”

In his order, Ellis agreed to seal those six pages of a 262-page transcript of the day’s proceedings “until the relevant aspect of the investigation is revealed publicly, if that were to occur.”

Prosecutors plan to wrap up their case Friday. Lawyers for both sides are planning to meet with the judge then to discuss instructions to the jury, a possible sign that the defense may call few, if any, witnesses.

So far Manafort’s lawyers have largely focused on attacking Gates’ credibility. On the stand, Gates acknowledged he had committed a host of crimes, including lying to federal investigators.