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Why were Mueller’s charges against Stone so narrow? No mention of conspiracy or aiding/abetting? I suggest an additional theory- and it’s the same anti-pardon strategy SCO used vs Manafort, Flynn & Cohen:
Avoid state double jeopardy so state prosecutors can charge post-pardon. 1/
Avoid state double jeopardy so state prosecutors can charge post-pardon. 1/
I tweeted this on Friday after the Stone indictment to flag the state crimes he’s still facing:
3/ Here is a piece I wrote on Cohen about how Mueller can avoid the NY state law on double jeopardy. I said on Fri the same strategy applies to Stone.
By not charging conspiracy/aiding/abetting, Mueller clearly leaves those charges available to NY state:
By not charging conspiracy/aiding/abetting, Mueller clearly leaves those charges available to NY state:
4/ Note that Mueller charged Stone only with crimes that are limited to federal prosecution, not state prosecution:
Count 1: Obstruction of justice
Count 2-6: False statement to federal investigators
Count 7: Witness tampering (with fed investigation).
assets.documentcloud.org/documents/5694…
Count 1: Obstruction of justice
Count 2-6: False statement to federal investigators
Count 7: Witness tampering (with fed investigation).
assets.documentcloud.org/documents/5694…
5/ Could state prosecutors bring these charges of obstruction or false statement?
It would be a stretch.
So Mueller brings the charges only he can bring. And he leaves the charges that state prosecutors could also bring related to computer hacking & trafficking stolen goods.
It would be a stretch.
So Mueller brings the charges only he can bring. And he leaves the charges that state prosecutors could also bring related to computer hacking & trafficking stolen goods.
6/ @JoyceWhiteVance might be right that Mueller wanted to limit the Stone defense's access to discovery, especially in light of Manafort's cheating.
But making the Stone charges _pardon-proof_ is surely just as important here.
But making the Stone charges _pardon-proof_ is surely just as important here.
7/ @przeidenberg is mostly right: "Barring a pres pardon (always a wild-card possibility) Stone will be convicted and receive a substantial sentence. This is as close to a slam-dunk case as a prosecutor will ever bring."
CORRECTION: "EVEN if pardoned..."
CORRECTION: "EVEN if pardoned..."
