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Roger Stone will be sentenced today at 10AM in D.C. federal court, with all eyes on Judge Amy Berman Jackson. @CourthouseNews
Roger Stone has arrived at D.C. federal court for sentencing wearing a gray pinstriped suit, baby blue shirt and suspenders, accompanied by his lawyers, wife and daughter.
Just past security Stone’s wife, asked how they are feeling today, says good and smiles.
To complete the picture for y’all, Stone’s outfit is topped off with a black and white polka dot pocket square. He seems in good spirits.
Michael Caputo, GOP political strategist pushing for Trump to pardon Stone, is on the scene, waiting in line to enter the courtroom.
Long line of people stretching down the hall here at D.C. federal court for the Roger Stone sentencing. Staff have a separate courtroom set up for overflow.
Reminder that the president when asked if he plans to pardon Stone said "I don’t want to say that yet,” an executive power play that he could pull to free any of his former advisers convicted on charges brought by Mueller investigators.
No word from the president today over Twitter on the Stone sentencing, but Trump does have a pinned tweet of last night's Fox news coverage previewing the proceeding.
Courtroom is buzzing with voices, Stone seated at the front of the defendant's table as we wait on Judge Amy Berman Jackson to enter.
All rise...here we go.
Judge Amy Berman Jackson begins, warning that anyone who plans to react audibly to the sentencing is welcome to watch the proceedings from the overflow courtroom down the hall.
New prosecutors on the case for DOJ: John Crabb and J.P. Cooney.
Stone's lawyer asking that Judge Jackson add the letter from Randy Credico, who Stone was convicted of witness tampering with, be added to the pre-sentence report.

She says it's part of the docketed record already and accepts the pre-sentence report as it has been revised.
Judge Jackson says she has considered all the sentencing materials including letters and the two DOJ sentencing recommendations, filed Feb 10 and then amended Feb 11.

“I note that the initial memorandum has not been withdrawn."
Judge Jackson says that if anyone in the room has sunglasses on that unless they have a medical condition they should take them off.
Judge says that she is under a duty to stick to sentencing guidelines and tell the court that for those "new to this" or who "woke up last week" and thought the guidelines are too high, that "many defense attorneys and judges have been making that point for a very long time.”
Stone's lawyer Seth Ginsburg up now arguing that the judge should not apply the highest sentencing guideline referencing Stone witness tampering “The words themselves do not trigger the guidelines because the words are not a threat at all.”
Stone's lawyer reading off Randy Credico's letter to the judge “I never in any way felt that Stone himself posed a direct physical threat to me or to my dog."
Reading off the amended sentencing memo "Notably, however, the Sentencing Guidelines enhancements in this case—while perhaps technically applicable," Judge Jackson asks DOJ attorney Crabb what exactly they are trying to tell her?
Crabb says DOJ believes the the eight level increase should be applied. Jackson agrees, now up to 22.
Jackson adds that the sentencing enhancement applies when there is a threat made, regardless of the victim's interpretation.

She read off various threats from the indictment that Stone made to Credico, dropping a f****** and weak a** piece of s***.
Judge hearing now from both parties on second enhancement. DOJ attorney Crabb says it applied because Stone's "obstructive behavior was successful" but defense attorney Ginsburg argued the enhancement is not triggered because the obstruction occurred in a congressional inquiry.
Jackson rules that the guideline applies, adding 3. Now at 25.
Jackson: "The guidelines say that we are not finished yet."

To be clear, the judge is still working through how high to apply sentencing guidelines, not years of incarceration.
Jackson rejects the third suggested enhancement, this one from the original DOJ memo, to add 2 years. Still at level 25.

“I don’t think that we are looking at extensive scope or planning."
That enhancement is U.S.S.G. § 2B1.2(b)(3)(C), two levels are added because the offense was otherwise extensive in scope, planning, or preparation.
DOJ attorney Crabb also advises Jackson to apply U.S.S.G. § 3C1.1, two levels added for willfully obstructing justice, also recommended from the original sentencing memo.
Jackson finds that the enhancement applies, adds 2. Now up to level 27.

She references for the first time Stone repeatedly violating her gag order: “We had to waste considerable time...to get the defendant to apply with court orders that were as clear as day.”
Judge Jackson says on Roger Stone's obstruction of justice "this is intolerable to the administration of justice and the court should not sit ideally by, shrug its shoulders and say well that is just roger being roger."
DOJ atttorney Crabb says the original sentencing memo was done in good faith.

"My understanding is that there was a miscommunication between the attorney general and the us attorney's office....on what the filing would be."
Jackson asks if Crabb has further knowledge of the misunderstanding, Crabb says he does not.
Judge Jackson started out telling Crabb that she is glad to hear from the newly assigned DOJ prosecutor but fears that he knows less about the case, saw less of the testimony and evidence than just about anyone in the courtroom.
DOJ prosecutor Crabb tells Jackson that the government has the "utmost confidence" deferring to her in the sentencing.

“Most importantly the court will rely on its own sound judgment and experience.”
DOJ prosecutor Crabb says the government believes Jackson should still sentence Stone to substantial period of incarceration.
DOJ prosecutor Crabb recommends incarceration for Stone, says “This prosecution was and this prosecution is righteous.”
Roger Stone opting not to speak in his defense at sentencing.
Judge Jackson now taking a brief recess, 10 to 15 mins, then will return with the sentence.
Jackson back now "unsurprisingly I have a lot to say."

Asks counsel for both parties to step forward to the lectern.
Judge Jackson says Roger Stone's prosecution was not the result of enabling anyone to have a political advantage, or to vilify the defendant.

“It arose because Roger Stone characteristically inserted himself smack in the middle of one of the most incendiary issues of the day."
Judge Jackson working through all seven criminal counts now one by one.
On Stone testifying to the House Intel Comm that he had no record of communications with his intermediary, Judge Jackson says "again this was a flat out lie. There were at least 1,500 texts or emails with Randy Credico alone."
Judge Jackson says that Stone was guilty of tampering with witness Randy Credico and that the victim's letter asking her not to send him to prison says more about Credico than Stone.

"It may be that even today he does not want to be the reason for a tough sentence.”
Jackson notes that during the period when Stone obstructed justice the House and Senate were GOP controlled and Rep. Devin Nunes was the one to request the records that Stone lied he did not have in his possession.
Judge Jackson says she has learned from Stone's friends and family's letters that he has rescued countless dogs, supported his in-law suffering from Alzheimer and fought for same sex marriage, NFL players with brain injuries and criminal justice reform.
Judge Jackson says it falls to her to sentence Stone based on the crimes for which he was found guilty by a federal jury in her courtroom.

“I am not passing judgment on Roger Stone as a man. That falls to a higher authority."
Judge Jackson says that she will take Stone's age and health into account but that "record of travel belies the narrative" that she blocked him with the gag order of social media use from being able to earn a living.
Judge Jackson says she knows that people have weighed in about the sentencing through tweets, op-eds, blogs, etc.

“The only people who think this is easy is the people who don’t have to make the decision.”
Judge Jackson says one member of the public wrote to her ahead of Stone's sentencing to ask that she not silence a voice in the public arena.

“That will not be an element of this sentence in any way. I expect he will keep talking.”
Judge Jackson says the judicial system demands a neutral party decide sentence and not someone who has a "longstanding" relationship with Stone, or whose political career depended on Stone.

“The court cannot be influenced by those comments. They were entirely inappropriate.”
Judge Jackson: “The truth still exits. The truth still matters. "
Judge Jackson: “If it goes unpunished it will not be a victory for one party of another. Everyone looses...For that reason the dismay and disgust at the defendant’s belligerence should transcend party."
Judge Jackson says Stone's sentencing must be proportionate but that “there are very few comparable cases.”
BREAKING: Judge Jackson sentences Roger Stone to 40 months incarceration.
Breakdown of Roger Stone's sentence:

COUNT 1 - 40 MONTHS
COUNT 2 to 6 -- 12 MONTHS
COUNTS 7 -- 18 MONTHS

*all to run concurrently*
BREAKING: Roger Stone sentenced to 3 years 4 months in prison on seven criminal counts including obstruction of justice and witness tampering. @CourthouseNews
courthousenews.com/stone-sentence…
Rat makes reappearance after multiple days at trial last year.
Roger Stone exiting D.C. federal court after being sentenced to 3yrs, 4 months in prison was met by protestors chanting “lock him up” and “pardon Roger Stone.”
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