WASHINGTON (CN) - A federal judge lit into prosecutors Monday for starting their case against accused Russian agent Maria Butina with false claims that she offered sex for a position with a political organization.
The admonishment came one day after attorneys for Butina groused about a filing in which the government walked back only some of the tawdry sex claims against their client. Though Butina's first name is spelled Mariia in charging papers, her defense uses the alternate spelling.
Butina is not charged with any crimes related to her sex life, but prosecutors have portrayed the 29-year-old in its court filings as willing to trade sex for political power.
Tamping down those allegations Friday in an opposition brief, the government acknowledged that it offered a "mistaken" interpretation of text messages that Butina exchanged three years ago with a longtime friend who handled public relations for the pro-gun group Butina founded in Russia, and who frequently drove her car.
"I don't know what you owe me for this insurance they put me through the ringer," wrote the man, identified only as DK, in a text after renewing Butina's car insurance and getting a vehicle inspection.
"Sex. Thank you so much. I have nothing else at all. Not a nickel to my name," Butina wrote back.
For months, Butina’s defense attorneys at McGlinchey Stafford have complained bitterly about the focus on their client’s sex life, insisting that the notion stems wholly from the skewed take on an “innocuous” joke.
U.S. District Judge Tanya Chutkan said Monday it took her all of five minutes to review the communications and determine they were jokes.
"It was apparent on their face," Chutkan said during a 45-minute hearing.
Chutkan said Butina's attorneys are right about the allegations concerning their client's sex life.
"Those allegations are notorious, have received a lot of attention, and have damaged her reputation," the judge said.
Such allegations also bear upon the ability of Butina to receive a fair trial in Washington, D.C., where the jury pool is small, she added.
On the other hand, Chutkan said that the continual statements defense attorney Robert Driscoll has made to the press are equally damaging.
"I do find that your comments have crossed the line," Chutkan said in court, addressing Driscoll.
From the bench Chutkan issued a gag order barring either party from speaking publicly about the evidence or merits of the case.
Chutkan also on Monday denied Butina's bid to be released from jail on bond. Butina has been detained since July 18, when a magistrate judge determined she posed a flight risk.
Saying she cannot imagine a scenario where it's not possible for Butina to be released, get into a diplomatic car and then fly away, Chutkan said she agreed with the magistrate judge's determination.
“High-intensity supervision won't stop that," Chutkan said.
In its Friday filing, the government had flagged Butina’s relationship with GOP operative Paul Erickson as evidence of her cunning. Erickson is 27 years Butina's senior, but Driscoll maintains that the pair's relationship was legitimate.
To undercut the government's assertions about the nature of Butina's relationship with Erickson, Driscoll asked Judge Chutkan on Monday for permission to play three videos during the hearing.