Thread by @joshgerstein

Morning from US District Court in DC where where @dsamuelsohn and I are standing by for sentencing of longtime Trump adviser Roger Stone, whose case unleashed a furor at the Justice Department last week following an unusual intervention by Attorney General Bill Barr....

@dsamuelsohn Not much to say yet as it hasn't begun but folks may recall the 4-man prosecution team quit last week w/1 prosecutor leaving government altogether. The newly-assigned prosecutors are JP Conney and John Crabb, no.1 and no.2 in the public corruption & fraud part of DC US atty ofc

@dsamuelsohn Might be of interest to some that also present but presumably not arguing is Molly Gaston, another prosecutor in that division who handled Andrew McCabe probe and Greg Craig trial

@dsamuelsohn *JP Cooney. Typo.

@dsamuelsohn Hearing is underway now. So far no mention at all from the judge of the change in recommendation or prosecution staffing that roiled DOJ last week

@dsamuelsohn Well here we go she's noting that she got an initial sentencing memorandum and then a supplement from other lawyers. Judge says: 'I note that the initial memorandum has not been withdrawn.'

And there's our first mention of a pardon, but not for Stone. Judge notes one sentencing letter was from someone whom Stone sought a pardon for....

Wow! Now Jackson getting snarky to those who just weighed in for leniency for Stone. 'For those of you new to this and work up last week to the fact that the [sentencing] guidelines are harsh …

...I can assure you that defense attorneys and many judges have been making that point for a long time but we don’t usually succeed in getting the government to agree.'

New Stone atty Seth Ginsberg now up to argue Stone's words to @CredicoRandy weren't real threats. 'The words themselves did not constitute a threat at all...
Mr Stone is known for using rough...hyperbolic language. Mr. Stone knew that…

....Mr. Credico understood that it was just Stone being Stone.'

Ginsberg adds about the 8-level guidelines increase: 'That’s a very blunt instrument.' Judge responds she can deal with that after the guidelines are calculated

Crabb now up for govt. Judge questions the language in revised filing about 'perhaps technically applicable.' 'What exactly are you trying to tell me here?'
Crabb sounds tougher than Barr filing. Crabb: 'Our position is this enhancement applies…and we ask the court to apply it.'

Jackson says she's applying the enhancement. She doesn't seem to think it is a close call.

She says even if taking (killing?) the dog is viewed as property damage, the guidelines treat it as a violent threat. She says she can handle the "vague nature of the threat" in the final sentence.

Now talking about the application of obstruction of justice enhancement. Ginsberg says it doesn't apply because no criminal investigation was obstructed. Judge notes evidence Stone told Credico not to cooperate w/FBI Mueller as well. Ginsberg says Stone wasn't convicted of that

Judge is accusing Ginsberg of double standard. Sometimes wants FBI/Mueller issues considered. Sometimes not. Ginsberg notes that both probes couldn't find evidence of collusion. (He said any, which is not what Mueller said.)

Jackson roundly rejects defense position that Mueller eventually got it right calling it "completely beside the point....He misdirected the committee."

Not going well for Stone so far, but this is pretty typical, as the judge notes. The guidelines go high and then the judge will sentence below them...She's noted there are mitigating circumstances on both of those enhancements.

Both sides offer judge the guidelines manual. She takes prosecution copy!

First win of the morning for defense on 'extensive scope or planning' enhancement. Jackson: 'I don’t think we’re looking at extensive scope or planning...'

Judge disputes notion that Stone stopped his interference with justice 'well before' the trial began. Points to reports that Stone texted Infowars Alex Jones while trial was underway despite gag order.

Judge says crosshairs post merits enhancement for interfering with admin of justice. 'He willfully increased the risk that someone with even poorer judgment than he has' would become violent.

...' 'This is intolerable to the administration of justice and the court cannot just sit idly by and say that's just Roger being Roger.'

Judge finds guidelines 70-87 months.

Judge is now hearing from Crabb who apologized to the court for the confusion, blames it on a miscommunication, defends trial team says they got proper approvals.

After apologizing for the confusion, Crabb says: 'The Dept of Justice and the U.S. attorney’s office enforcing the law without fear favor or political influence. This prosecution is and this prosecution was righteous.'

Judge asks Crabb if he was ordered to write or sign the revised recommendation. Crabb apologizes again but won't say, says he's not authorized to discuss internal deliberations.

Crabb also seemed to be rebutting or rejecting Trump's criticism of Judge Jackson, going out of way to say government has 'utmost confidence' in her decision on sentencing and praising her past sentences in related cases. Total dismissal of Trump's attack on her.

Ginsberg says the high-profile nature of the case and intense publicity has already put a lot of stress on Stone. 'The process really to some extent has already been the punishment.' Ginsberg says sentencing range is more appropriate for armed robebry.'

Stone WILL NOT address court today, he says. Judge is taking a break before delivering sentence.

Jackson is back on the bench and is recounting the history of the case in great detail. She is rejecting claims the prosecution was political.

Judge says one of Stone's motives was to 'shield' Trump. Notes Stone said he couldn't take 5th because it'd look bad for Trump. Judge notes Congress was GOP-controlled at time Stone lied, so it wasn't an anti-Trump cabal

Jackson rejects Stone's lawyers' complaints about the stress he suffered from high-profile case & publicity. “He was at the heart of a great deal of it. Through his press conferences and social media posting, he chose to stoke it.”

Judge says the prosecution recommendation was correct legally and according to DOJ policy. But says she wouldn't have sentenced to 7 to 9 years despite "unprecedented" government actions of past week.

Jackson offers another testimonial for trial prosecutors. Saying they did nothing 'untoward, unethical or improper'

She calls the guidelines 'inflated.' But does so after ridiculing his health claims, noting he traveled a lot during the trial.

SNAP: 'He was not prosecuted for standing up for the president. He was prosecuted for covering up for the president.'

More Jackson, getting angry, saying revulsion for Stone's conduct should 'transcend party.' Judge: 'The truth still matters. Roger Stone’s insistence that it doesn’t his pride in his own lies are a threat to the very foundation of this democracy.'

Doesn't sound good for Stone's yet-to-be-ruled-upon juror misconduct motion, as judge says jurors 'served with integrity under difficult circumstances.'

Judge ticking off comparable cases. Mentions another case Trump pardoned: Scooter Libby sentence of 2 1/2 years. Libby never served due to a GW Bush commutation