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Seems pretty obvious to me that the judge is zeroing in on the discrepancy between Cohen and Manafort, the former isn't being prosecuted by Mueller et al. But the difference is that the crimes committed with Manafort (by tRUmp) happened during the election, not before.
Also that Manafort's alleged crimes involve Russia and Cohen's involve hush payments to American sex workers.
I can't see the DOJ losing this. It would change the way crimes are prosecuted. The conspiracy minded might think the judge is just pulling a nunez
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