Prosecutors say they are ready to move ahead with Paul Manafort’s sentencing in Alexandria, Virginia, federal court and would dismiss several outstanding charges against him if told to by Judge T.S. Ellis III.

But the special counsel investigating Russian interference in the 2016 election would like to reserve the right to prosecute Manafort for those crimes again.

The president’s former campaign chairman was found guilty this summer on eight bank and tax fraud charges, but a jury deadlocked on 10 others. He went on to plead guilty to related crimes in Washington, D.C., and prosecutors agreed to drop the remaining Virginia counts after Manafort is done co-operating with the special counsel or sentenced — whichever came later.

Last week Ellis threw a wrench in that deal, calling it “highly unusual” to delay a decision on retrying Manafort and saying sentencing must happen within a few months of a conviction. The special counsel, he said, must either drop the charges or retry Manafort now. If they aren’t ready to give him credit for co-operation at sentencing, he said, they can file a motion to reduce the punishment after Manafort begins serving his time.

In a filing Wednesday morning, Assistant U.S. Attorney Uzo Asonye said the special counsel has found no precedent requiring an immediate decision. Other courts, he noted, will delay sentencing until co-operation is over so a judge can evaluate the “full scope” of a case at once.

But, Asonye said, the government and Manafort’s lawyers don’t object to scheduling sentencing now. And if Ellis insists the special counsel make a decision on the remaining counts now, prosecutors are ready to dismiss them without prejudice, meaning Manafort could be charged again.

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A hearing on the issue and to set a sentencing date is set for Friday at 1:15 p.m.

Ellis has also rejected a request from Manafort to wear a suit to future court proceedings.

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“The defendant should be treated no differently from other defendants who are in custody post-conviction,” the judge wrote in order published Wednesday.

Manafort, who has been jailed since the summer after being accused of trying to interfere with witnesses in his D.C. case, was allowed to change from his jail jumpsuit to a regular suit for his trial. But, Ellis explained, that is to prevent jurors from inferring guilt from a defendant’s appearance. Now that Manafort has been found guilty of eight crimes in Virginia and pleaded guilty to two in D.C., Ellis wrote, “he is no longer presumed innocent ... and therefore is not entitled to appear in street clothing.”