Good morning from the E. Barrett Prettyman federal courthouse in Washington for today's sentencing of Roger Stone on seven counts, including perjury, obstruction and witness tampering. @CBSNewsRadio
We are about 40 minutes from the start of the hearing. Stone arrived at the courthouse approximately 20 minutes ago with his lawyers and family. He is dressed in a grey, pinstripe suit with a light blue shirt, grey tie and blue and grey suspenders.
Stone seemed affable, and smiled and chatted with the security officers. He offered us an "I am not commenting at this time" when asked for said comment. He then walked up to the second floor with entourage to the courtroom.
Outside the courthouse, there are a mix of Stone supporters and detractors, some carrying signs. The giant, inflatable Trump Rat is also present just outside the door where Stone and company entered a bit ago.
Judge Amy Berman Jackson will once again preside over the proceedings today. It's not known if she will take the Justice Department's revised sentence recommendation of less than the 7-9 years in prison originally suggested.
When Attorney General William Barr and DOJ intervened following the original sentencing memo, The four federal prosecutors on the Stone case quit, with one quitting Justice altogether, in apparent protest of the interference by Barr.
Judge Jackson has deferred Stone's request for a new trial until after today's sentencing. Jackson has been under fire from President Trump for her handling of the case, saying Stone has been treated "very unfairly."
Stone is now seated in the courtroom with his attorneys. Outside, in the hallway, we are told as many as a hundred people are standing in line, hoping to gain entry. An overflow room has been set up to accommodate the crowd. @CBSNewsRadio
@CBSNewsRadio After a brief delay, the sentencing hearing is underway as of 10:03AM.
@CBSNewsRadio Jackson proceeding through pre-sentencing report, noting Stone team's objections to some language used in the report. She overrules the objections and accepts the report.
@CBSNewsRadio Jackson says she's reviewed the government's original and amended sentencing guideline memos, noting both the former prosecuting attorneys (who stepped aside when the memo was amended). Also says she has read letters of support for Stone from family, friends and others.
@CBSNewsRadio In apparent vague reference to President Trump and other critics, Jackson says she is bound to consider sentencing guidelines, and am bound to craft a sentence that is appropriate to the crime.
@CBSNewsRadio Jackson says there is no mandatory minimum for the crimes and that it's up to the court to decide if the sentences should be served concurrently or consecutively. @CBSNewsRadio
@CBSNewsRadio Stone's counsel Seth Ginsburg suggests that the language used between Stone and associate Randy Credico under witness tamper charge may have been harsh, but was "Stone being Stone." Says as such, the language was not harsh to trigger additional sentencing.
@CBSNewsRadio Ginsburg quotes Credico as saying that he never felt threatened by Stone. Says the context should be the most impactful in sentencing decision.
@CBSNewsRadio Stone sits passively at the table as Ginsburg presents his argument, occasionally looking up at the judge and taking notes.
@CBSNewsRadio Judge Jackson now asking prosecutor John Crabb Jr. if the government stands by the additional sentencing enhancement over the threats. Says yes. Jackson agrees.
@CBSNewsRadio Jackson reads content of various letters Stone sent to Credico, laced with profanity and threats to go after him and his dog. Says it's not merely "banter" between friends.
@CBSNewsRadio Jackson cites precedent that it doesn't matter whether a threat is carried out, or received as such by the recipient. The precedent says it only matters that a threat was made against Credico.
@CBSNewsRadio Now, Jackson going over obstruction charge. Crabb says that Stone was successful in obstructing justice, therefore the sentence on that charge should be enhanced. Ginsburg says obstruction didn't occur in context of criminal proceeding and doesn't apply.
@CBSNewsRadio Ginsburg, back and forth with the judge, says the obstruction did not have a significant impact on the case, and therefore the sentence enhancement guideline does not apply. Jackson rules that the guideline does apply.
@CBSNewsRadio Jackson now reviewing the enhanced sentencing guideline as it pertains to Stone lying to Congress regarding contact with Julian Assange and WikiLeaks.
@CBSNewsRadio Prosecutor Crabb says there was scope and preparation for the lies Stone perpetrated, and therefore the sentence enhancement for the perjury charge applies. @CBSNewsRadio
@CBSNewsRadio Stone's lawyer Seth Ginsburg says the conduct does not fall outside the normal realm of the sentencing guideline, saying there's no real evidence of preparation or planning to deceive Congress.
@CBSNewsRadio Judge Jackson agrees with Stone's counsel on the enhanced sentencing for the perjury charge, and will not add any additional time.
@CBSNewsRadio Jackson now moves on to the obstruction of justice as it pertains to the criminal investigation of Stone, not the Congressional probe. Cites government's charge that Stone tried to "stoke" opinion post-indictment with conduct on social media and public comments.
@CBSNewsRadio Government supports enhancement of sentence on obstruction charge. Jackson now referencing the photo Stone and associates circulated of herself with what appeared to be crosshairs over her face.
@CBSNewsRadio Stone's attorney Ginsburg says they stand by their argument that the enhanced standard does not apply. Jackson says Stone threatened the court and succeeded in impeding justice in the case and therefore the enhanced standard applies.
@CBSNewsRadio Jackson says Stone "willfully" participated in activity designed to disrupt the proceedings by stirring up supporters on social media, which could have potentially led to someone to act out. Jackson calls the behavior "intolerable."
@CBSNewsRadio Jackson says current guidelines call for sentence of 5.8 to 7.25 years and a $250,000 fine. But she wants to hear from all parties concerned and calls Crabb to present for the government.
In doing so, she blisters Crabb for having the least amount of the time in the case, having just come on to the prosecution last week after the original prosecutors resigned themselves.
Jackson now asking how high the amended sentencing guideline had to go in the Justice Department to be approved. Crabb says he has no idea what happened once the memo went beyond the U.S. attorney. Just says it was a "misunderstanding" and not the fault of the original team.
Jackson grilling Crabb over the procedures used in coming up with sentencing guideline memos, getting Crabb to acknowledge that no guidelines can be issued without approval of higher-ups in the DOJ.
When asked by Jackson what the process was after he signed the memo, but he refused to, citing confidentiality matters. Crabb says the government continues to defer to the court for the sentence it feels appropriate.
"We are confident the Court will impose a fair and just sentence in this matter," Crabb says, ending his statement.
Stone attorney Seth Ginsburg now addressing Jackson, saying to focus on the evidence and the case itself, not the "many things going on outside this courtroom." Says the sentence being imposed today is on a real person, not a "media figure."
Ginsburg points out Stone's wife and children in the courtroom, asking Jackson to consider the "full scope" of the person Stone is. Says at 67, Stone has no criminal record.
Ginsburg says Stone has "many admirable qualities." Cites letters sent from friends and people who don't know him well. Also cites charitable work that Stone has done to "help people and support causes, and go out of their way to give of themselves."
Ginsburg striving to reveal the real Roger Stone, not the caricature of the public figure. Says family will suffer if he's imprisoned, citing the trauma from the January 2019 raid in which Stone was arrested.
"The process has already really been the punishment," Ginsburg says of Stone.
Ginsburg says most important message from this trial will be one of fairness. Says sentencing guidelines disproportionately inflate the seriousness of Stone's crime, equating them to be more in line with a bank robbery. Asks for probation.
Stone, when asked says "I choose not to speak at this time." Jackson now calls a break for 15-20 minutes. @CBSNewsRadio
@CBSNewsRadio While we are in this break, I encourage you to follow some great colleagues @ClareHymes22 and @RobLegare, who regularly cover the Justice beat for us. They make the rest of us look good, and we are grateful.
@CBSNewsRadio @ClareHymes22 @RobLegare The #RogerStone sentencing hearing is back in session as of 11:44AM
Please note my apologies for misspelling Stone counsel Seth Ginsberg's name throughout this thread. Certainly regret the error.
Please note my apologies for misspelling Stone counsel Seth Ginsberg's name throughout this thread. Certainly regret the error.
@CBSNewsRadio @ClareHymes22 @RobLegare Jackson says she will talk through each factor of the sentencing, starting with the nature and the facts of the offense. Reads letter saying Stone is being politically persecuted. "That is most certainly not what happened here."
@CBSNewsRadio @ClareHymes22 @RobLegare Jackson proceeds to go through the WikiLeaks DNC email timeline, asserting that Stone inserted himself into the situation by trying to reach Julian Assange over Hillary Clinton emails and Clinton Foundation.
@CBSNewsRadio @ClareHymes22 @RobLegare Jackson: Stone reached out to then-Trump campaign chief Paul Manafort regarding WikiLeaks, "I have an idea to save Trump's ass," Stone wrote.
@CBSNewsRadio @ClareHymes22 @RobLegare Jackson describes Stone's willingness to appear before the House Intelligence Committee in 2017 as it investigated Russian interference in the election. The judge says Stone lied to Congress about his story. "That is why he was indicted," Jackson says.
@CBSNewsRadio @ClareHymes22 @RobLegare Jackson says the idea that evidence of the lack thereof concerning Russian collusion should weigh on the Stone case "is false." Jackson says the case is simply about lying to Congress about not having evidence in the WikiLeaks affair.
@CBSNewsRadio @ClareHymes22 @RobLegare Jackson continues to lay out the cases in which Stone lied and obstructed Congress in the process. Also describes in detail the pressuring of Randy Credico to take the "5th" and stonewall the Congress and DOJ.
@CBSNewsRadio @ClareHymes22 @RobLegare Jackson says Stone knew he could not take the 5th before Congress without hurting the Trump campaign, "so he lied, and then made efforts to make sure the lies were not exposed."
@CBSNewsRadio @ClareHymes22 @RobLegare Jackson says "it's nice" that Credico has forgiven Stone, and that he didn't believe that Stone would really kill him or his dog. "That says more about Credico than it does about Stone," the judge says.
@CBSNewsRadio @ClareHymes22 @RobLegare Jackson says Stone corruptly influenced and impeded the House Judiciary Committee when he lied before the panel, when he obstructed Congress by stonewalling on providing evidence, and tampered with Randy Credico. "This was planned," she says.
@CBSNewsRadio @ClareHymes22 @RobLegare Now, Jackson is shifting to Stone's character, saying he cultivated an image of a "provocateur" and a "bare-knuckled brawler." Also cites the "beautiful" letter of Stone's step-daughter who spoke of Stone's kindness and generosity.
@CBSNewsRadio @ClareHymes22 @RobLegare Should say that the "provocateur" and "brawler" comments came from letters sent to the judge.
@CBSNewsRadio @ClareHymes22 @RobLegare "I am not here to judge Roger Stone the person," Jackson says. "That's for a higher authority."
@CBSNewsRadio @ClareHymes22 @RobLegare Jackson acknowledges that family considerations are taken into account, but cautions the responsibility does not come from the prosecution or the court, but from Stone's actions.
@CBSNewsRadio @ClareHymes22 @RobLegare Jackson continues to outline considerations she must take into account when coming up with sentence, including one that is "sufficient enough." Says original sentencing memorandum was well-researched and according to law. But says that's too much.
@CBSNewsRadio @ClareHymes22 @RobLegare Jackson says she agrees with the amended sentence memo, in terms of its scope. She also says that the defense's probation request is "simply not sufficient."
@CBSNewsRadio @ClareHymes22 @RobLegare Jackson continues to address defense sentence memo, saying Stone doesn't appear to have a medical issue that would prompt some relief in his sentence. She cites his extensive travel as an example.
@CBSNewsRadio @ClareHymes22 @RobLegare Jackson says Stone's travel for speaking engagements and other appearances "belies" the argument Stone supporters have used that she tried to "silence him" with the gag order.
@CBSNewsRadio @ClareHymes22 @RobLegare Jackson says sentencing is "not an exact sentence." Says she has used sentencing memos, precedent, and her own judgment in determining how long Stone will be in prison.
@CBSNewsRadio @ClareHymes22 @RobLegare Jackson says she is not sentencing Stone to keep him quiet. "I imagine he'll keep talking," the judge says.
@CBSNewsRadio @ClareHymes22 @RobLegare Jackson now addressing the neutrality of the court in coming up with the sentence, taking a subtle dig at the president. She says she cannot be affected by someone whose political career could be impacted by the case. Also says she can't be "buffeted by the Left."
@CBSNewsRadio @ClareHymes22 @RobLegare Jackson: "The sentence is not just about punishing him (Stone), but about being a deterrent to others...there was nothing phony about the investigation."
@CBSNewsRadio @ClareHymes22 @RobLegare "The House committee had a duty to inquire about how documents from the DNC wound up in the hands of WikiLeaks." Says Stone lied and obstructed to prevent the committee's work.
@CBSNewsRadio @ClareHymes22 @RobLegare Jackson: "What did the defense say to the jury (about Stone's actions)? 'So what? So what?' That alone might be the most pernicious," the judge says.
@CBSNewsRadio @ClareHymes22 @RobLegare "The dismay and disgust (about Stone's actions) should transcend both parties."
@CBSNewsRadio @ClareHymes22 @RobLegare "The U.S. Congress cared. The government and the Department of Justice and U.S. Attorney's office cared. The American people cared. I cared," Jackson sternly says in response to defense's argument of "Who cares?"
@CBSNewsRadio @ClareHymes22 @RobLegare BREAKING: Roger Stone sentence: Count 1-40 months...Counts 2-6-12 months concurrently for each count...Count 7-18 months, concurrent with other counts. $20,000 fine. @CBSNewsRadio
@CBSNewsRadio @ClareHymes22 @RobLegare Stone will serve the time for each count concurrently. Judge now laying out further requirements, including the turning over of tax returns and other records. Turns over custody to the Southern District of Florida, but Jackson maintains jurisdiction on the case.
@CBSNewsRadio @ClareHymes22 @RobLegare Jackson also gives 24 months of supervised release per each count, once sentence is served. Jackson defers execution of sentence, giving Stone chance to appeal for a new trial. Court is adjourned.
