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| Roger Stone sentencing underway in federal court | |
| (about 4 hours later) | |
| Prosecutors and defense attorneys traded barbs in federal court Thursday over the penalty that Roger Stone, President Trump’s longtime friend, should face for impeding a congressional investigation of Russian interference in the 2016 U.S. presidential election. | |
| The sentencing hearing was almost certain to be a high-profile, politically charged affair, and the early proceedings seemed to live up to expectations as the commander in chief took to Twitter to hint of a pardon and suggest his political ally was being treated unfairly. | |
| The judge hearing the case acknowledged early on the disputes among prosecutors over Stone’s penalty, and the president — over the warnings of his attorney general to stay mum on matters of federal law enforcement — took to Twitter. With the proceedings ongoing, he compared Stone to former FBI Director James B. Comey, former FBI Deputy Director Andrew McCabe and former Secretary of State Hillary Clinton, who the president has pushed for charges against. | |
| “‘They say Roger Stone lied to Congress.’ @CNN,” Trump wrote, tagging the news network. “OH, I see, but so did Comey (and he also leaked classified information, for which almost everyone, other than Crooked Hillary Clinton, goes to jail for a long time), and so did Andy McCabe, who also lied to the FBI! FAIRNESS?” | |
| Prosecutors early on seemed to take a fairly aggressive posture toward Stone. Those in court Thursday were not the four prosecutors previously assigned to the case; they quit over a dispute about what penalty the Justice Department should recommend. But the new prosecutors in court adopted the same technical arguments of their predecessors early in the proceedings. | |
| U.S. District Judge Amy Berman Jackson acknowledged the unusual situation as the hearing began, saying she had reviewed two sentencing memorandums filed by the government. The first, filed by career prosecutors initially assigned to the case, recommended a term of seven-to-nine years. The second, filed after Attorney General William P. Barr personally intervened, recommended something lesser. | |
| Jackson noted that prosecutors “initial memo has not been withdrawn,” and suggested the government’s updated position was somewhat unusual. | |
| “For those who woke up last week and became persuaded that the guidelines are harsh and perhaps sentences shouldn’t be driven by strict application of a mathematical formula … I can assure you that defense attorneys and judges have been making that argument for a very long time,” she said. “But we don’t usually succeed in getting the government to agree.” | |
| In court, Assistant U.S. Attorney John Crabb seemed to endorse the same, technical logic prosecutors had used in generating their recommendation in the first sentencing memorandum. Asked by Jackson about the change in position, Crabb said, “The guidelines enhancement applies here for the reasons set forth in the original sentencing memorandum.” He did not elaborate. | |
| “What is the government’s position today?” Jackson asked, emphasizing the word today. When Crabb said he had nothing more to offer, she said with a bit of exasperation, “Okay, fine.” | |
| Stone, 67, who wore a wide-striped suit and a polka-dot tie to court Thursday, was convicted by a federal jury in November on seven counts of lying to Congress and tampering with a witness about his efforts to learn about hacked Democratic emails related to Trump’s 2016 Democratic opponent, Hillary Clinton. | |
| Prosecutors said the longtime GOP operative lied during testimony to the House Intelligence Committee in September 2017 to conceal his central role in the Trump campaign’s efforts to learn about computer files hacked by Russia and made public by anti-secrecy group WikiLeaks. Stone also threatened a witness who was an associate of his in an attempt to prevent the man from cooperating with lawmakers. | Prosecutors said the longtime GOP operative lied during testimony to the House Intelligence Committee in September 2017 to conceal his central role in the Trump campaign’s efforts to learn about computer files hacked by Russia and made public by anti-secrecy group WikiLeaks. Stone also threatened a witness who was an associate of his in an attempt to prevent the man from cooperating with lawmakers. |
| Stone was the sixth Trump associate convicted and the last person indicted in special counsel Robert S. Mueller III’s investigation. | Stone was the sixth Trump associate convicted and the last person indicted in special counsel Robert S. Mueller III’s investigation. |
| Prosecutors quit amid escalating Justice Dept. fight over Roger Stone’s prison term | Prosecutors quit amid escalating Justice Dept. fight over Roger Stone’s prison term |
| Trump injected additional drama into Stone’s sentencing day with an overnight tweet that hinted he could issue a pardon to Stone. | Trump injected additional drama into Stone’s sentencing day with an overnight tweet that hinted he could issue a pardon to Stone. |
| “President Trump could end this travesty in an instant with a pardon, and there are indications tonight that he will do that,” Fox News host Tucker Carlson said in a video shared by Trump with his Twitter followers. Carlson noted in the video a series of pardons and commutations that the president has already granted this week. | “President Trump could end this travesty in an instant with a pardon, and there are indications tonight that he will do that,” Fox News host Tucker Carlson said in a video shared by Trump with his Twitter followers. Carlson noted in the video a series of pardons and commutations that the president has already granted this week. |
| Carlson called Stone’s prosecution “wholly political” and “a shocking insult to the American tradition of equal justice.” Trump, who spent the night in Las Vegas, fired off the tweet shortly before 2 a.m. Eastern time. | Carlson called Stone’s prosecution “wholly political” and “a shocking insult to the American tradition of equal justice.” Trump, who spent the night in Las Vegas, fired off the tweet shortly before 2 a.m. Eastern time. |
| Stone’s defense attorneys have asked for probation, citing his age and lack of criminal history. On Friday, Stone also requested a new trial after Trump suggested that the forewoman in Stone’s case had “significant bias.” | Stone’s defense attorneys have asked for probation, citing his age and lack of criminal history. On Friday, Stone also requested a new trial after Trump suggested that the forewoman in Stone’s case had “significant bias.” |
| Defense attorney Seth Ginsberg argued in court Thursday that New York City comedian and radio host Randy Credico, the witness Stone was convicted of threatening, understood Stone was “all bark and no bite.” Credico appealed for leniency in a letter to the court: “The bottom line is Mr. Stone, at his core, is an insecure person who craves and recklessly pursues attention … Prison is no remedy.” | |
| “Even though the words on their face could be read as threatening, in the context of the dialogue between Mr. Credico and Mr. Stone it’s our position that these words … did not themselves constitute a threat as all,” Ginsberg said. “Mr. Stone is known for using rough, provocative, hyperbolic language. Mr. Credico knew that … in the context of that private conversation Mr. Credico understood that it was just Stone being Stone, he’s all bark no bite. … there’s no threat at all.” | |
| Crabb countered that the government believes the enhancement for threatening violence should apply: “The fact is that the defendant threatened Mr. Credico’s personal safety and his pet,” Crabb said. The judge agreed, quoting from some of Stone’s profane texts to Credico. | |
| “The defendant referred to this as banter, which it hardly is,” the judge said. | |
| Jackson said this week that she will postpone the implementation of Stone’s sentence while she weighs whether he deserves a new trial. | |
| Crabb spoke briefly in favor of a sentencing enhancement for successful obstruction of justice, noting that both government filings were in concert on that point. | |
| That is technically true, though the memorandum he signed suggested the enhancement was duplicative and added, “it is unclear to what extent the defendant’s obstructive conduct actually prejudiced the government at trial.” | |
| The judge ultimately applied the enhancement, saying Stone’s lies led to an “incorrect inaccurate and incomplete report” from Congress. | |
| Crabb also argued for an enhancement for extensive obstructive conduct saying Stone engaged in a “series of lies” and destroyed records — though the judge rejected that. | |
| Front-line prosecutors initially said a seven-to-nine year prison term for Stone “will send the message … that [impeding] a congressional investigation on matters of critical national importance are not crimes to be taken lightly.” | |
| Prosecutors also said that after Stone’s “crimes were revealed by the indictment in this case, he displayed contempt for this Court and the rule of law.” | Prosecutors also said that after Stone’s “crimes were revealed by the indictment in this case, he displayed contempt for this Court and the rule of law.” |
| But the four trial prosecutors quit the case last week when the Justice Department undercut the initial sentencing recommendation and suggested that three to four years was “more typical” in cases like Stone’s. | But the four trial prosecutors quit the case last week when the Justice Department undercut the initial sentencing recommendation and suggested that three to four years was “more typical” in cases like Stone’s. |
| In its subsequent request, the government said that while the higher sentencing guidelines technically apply because Stone threatened violence against a witness, they should be set aside because the witness now states he did not feel that Stone would personally and directly harm him. | In its subsequent request, the government said that while the higher sentencing guidelines technically apply because Stone threatened violence against a witness, they should be set aside because the witness now states he did not feel that Stone would personally and directly harm him. |
| Given Stone’s age, health and status as a first-time offender, the higher sentencing range “could be considered excessive and unwarranted under the circumstances,” the government’s amended request said. | Given Stone’s age, health and status as a first-time offender, the higher sentencing range “could be considered excessive and unwarranted under the circumstances,” the government’s amended request said. |
| The new sentencing recommendation came after the president tweeted that the initial suggested penalty for his friend was “horrible and very unfair.” | The new sentencing recommendation came after the president tweeted that the initial suggested penalty for his friend was “horrible and very unfair.” |
| The Trump administration’s intervention in Stone’s case has set off a crisis for the Justice Department, which has been accused of suggesting a more lenient sentence for Stone to appease the president. | The Trump administration’s intervention in Stone’s case has set off a crisis for the Justice Department, which has been accused of suggesting a more lenient sentence for Stone to appease the president. |
| Amid accusations impugning the independence of the Justice Department, Barr stated publicly that the president’s attacks against judges, prosecutors, jurors and his aides “make it impossible for me to do my job and to assure the courts … and the department that we’re doing our work with integrity.” This week, those close to Barr said the attorney general has told Trump advisers he has considered resigning over the president’s tweets. Trump, meanwhile, has continued to tweet about the Stone case — suggesting his friend deserves a new trial — even as the Justice Department, with Barr’s blessing, has opposed Stone’s request on that front. | |
| Barr pushes back against Trump’s criticism of Justice Dept., says tweets ‘make it impossible for me to do my job’ | Barr pushes back against Trump’s criticism of Justice Dept., says tweets ‘make it impossible for me to do my job’ |
| Lawyers for Stone argue he deserves no jail time, saying federal guidelines would call for a sentence of 15 to 21 months for a first offense without aggravating factors. | Lawyers for Stone argue he deserves no jail time, saying federal guidelines would call for a sentence of 15 to 21 months for a first offense without aggravating factors. |
| Citing Stone’s loss of professional standing and hardships, defense attorneys Bruce S. Rogow, Robert C. Buschel and Grant J. Smith wrote, “no one could seriously contend that a [reduced] … sentence would cause anyone to walk away from these proceedings believing that one can commit the offenses at issue here with impunity.” | |
| Stone is one of several Trump advisers and confidants who have either been convicted or pleaded guilty in connection with the special counsel probe. That list includes former Trump campaign chairman Paul Manafort, former deputy campaign chairman Rick Gates, former national security adviser Michael Flynn, former Trump lawyer Michael Cohen and former campaign adviser George Papadopoulos. | Stone is one of several Trump advisers and confidants who have either been convicted or pleaded guilty in connection with the special counsel probe. That list includes former Trump campaign chairman Paul Manafort, former deputy campaign chairman Rick Gates, former national security adviser Michael Flynn, former Trump lawyer Michael Cohen and former campaign adviser George Papadopoulos. |
| Stone’s two-week trial in November refocused attention on the Trump campaign’s keen appetite for dirt on its political opponents. The trial included testimony from former 2016 deputy campaign manager Gates, who testified he overheard a July 2016 phone call in which Trump himself seemed to discuss WikiLeaks with Stone. | Stone’s two-week trial in November refocused attention on the Trump campaign’s keen appetite for dirt on its political opponents. The trial included testimony from former 2016 deputy campaign manager Gates, who testified he overheard a July 2016 phone call in which Trump himself seemed to discuss WikiLeaks with Stone. |
| Roger Stone guilty on all counts of lying to Congress, witness tampering | Roger Stone guilty on all counts of lying to Congress, witness tampering |
| The trial also highlighted Trump’s ongoing standoff with congressional Democrats, then conducting an impeachment inquiry into whether the president pressured Ukraine to bolster his 2020 reelection bid. Trump directed the White House to withhold documents and block testimony in the inquiry, which ended in a Senate acquittal. | The trial also highlighted Trump’s ongoing standoff with congressional Democrats, then conducting an impeachment inquiry into whether the president pressured Ukraine to bolster his 2020 reelection bid. Trump directed the White House to withhold documents and block testimony in the inquiry, which ended in a Senate acquittal. |
| Prosecutors asserted at trial that Stone thwarted Congress because the truth would have “looked terrible” for Trump and the campaign. Prosecutors argued Stone lied to protect the president from embarrassment. | Prosecutors asserted at trial that Stone thwarted Congress because the truth would have “looked terrible” for Trump and the campaign. Prosecutors argued Stone lied to protect the president from embarrassment. |
| Prosecution witnesses included Gates and Trump campaign strategist Stephen K. Bannon, who took over in August 2016 when Gates’s boss, Manafort, was fired over his Ukraine ties. Gates and Bannon said the campaign viewed Stone as a sort of liaison to WikiLeaks who claimed — even before the Russian hacking was known — to have insight into its plans. | Prosecution witnesses included Gates and Trump campaign strategist Stephen K. Bannon, who took over in August 2016 when Gates’s boss, Manafort, was fired over his Ukraine ties. Gates and Bannon said the campaign viewed Stone as a sort of liaison to WikiLeaks who claimed — even before the Russian hacking was known — to have insight into its plans. |
| Stone’s defense repeated his position that there was “no collusion” with Russia and portrayed their client as a hapless victim of the same braggadocio and chicanery that he practiced on others, burnishing his reputation as a political dirty trickster. Stone’s defense said any of their client’s misstatements were inconsequential and never amounted to anything. | Stone’s defense repeated his position that there was “no collusion” with Russia and portrayed their client as a hapless victim of the same braggadocio and chicanery that he practiced on others, burnishing his reputation as a political dirty trickster. Stone’s defense said any of their client’s misstatements were inconsequential and never amounted to anything. |
| Through email leaks and propaganda, Russians sought to elect Trump, Mueller finds | Through email leaks and propaganda, Russians sought to elect Trump, Mueller finds |
| Prosecutors argued that Stone’s communications with his acquaintance, conservative writer Jerome Corsi, described plans during the campaign to contact WikiLeaks founder Julian Assange, who had been living under house arrest at the Ecuadoran Embassy in London since 2012. | Prosecutors argued that Stone’s communications with his acquaintance, conservative writer Jerome Corsi, described plans during the campaign to contact WikiLeaks founder Julian Assange, who had been living under house arrest at the Ecuadoran Embassy in London since 2012. |
| Stone and Corsi, who was never charged, denied having any contact with WikiLeaks, saying prosecutors were guessing based on Assange’s public statements. | Stone and Corsi, who was never charged, denied having any contact with WikiLeaks, saying prosecutors were guessing based on Assange’s public statements. |
| Judge Jackson also will consider whether to punish Stone for repeatedly violating a court gag order. | Judge Jackson also will consider whether to punish Stone for repeatedly violating a court gag order. |
| Before trial, Stone posted a photo of Jackson with an image of crosshairs next to her head on Instagram in February 2019. During his trial, he appealed for a presidential pardon through Alex Jones, a noted conspiracy theorist who hosts the right-wing website Infowars, prosecutors said. | Before trial, Stone posted a photo of Jackson with an image of crosshairs next to her head on Instagram in February 2019. During his trial, he appealed for a presidential pardon through Alex Jones, a noted conspiracy theorist who hosts the right-wing website Infowars, prosecutors said. |
| John Wagner contributed to this report. | |
| Who is Amy Berman Jackson, Roger Stone’s sentencing judge? | Who is Amy Berman Jackson, Roger Stone’s sentencing judge? |
| Through email leaks and propaganda, Russians sought to elect Trump, Mueller finds | Through email leaks and propaganda, Russians sought to elect Trump, Mueller finds |
| Roger Stone guilty on all counts of lying to Congress, witness tampering | Roger Stone guilty on all counts of lying to Congress, witness tampering |
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