We’re back in federal court in DC today for an expected 1:30 PM hearing in the Roger Stone case.
Stone’s wife Nidya, usually with him throughout his the case, does not seem to be present.
Another hearing scheduled for 2 PM is currently sealed, but attorneys for some media groups will attempt to argue to unseal it.
InfoWars founder Alex Jones, who employed Stone for a some time, is reportedly in DC, so maybe we’ll see him later.
Something to consider when noting the presence of the far-right street fighting club in the gallery throughout his court case
Michael Marando, one of the DOJ prosecutors who brought the case against Stone only to resign from the case, was seen entering the court just now as wall.
Roger Stone looks down, apparently intently studying some legal filings, leaning his head into his clenched fist. Suddenly, he hands the paper packet back to his lawyer, then clasps his hands & closes his eyes in a pensive moment
Notably, she cites case law re sensitive personal information that came up in cases involving evidence collected via wiretaps. Also other case law about safety concerns for jurors justifying sealing certain hearings
Jackson is now reading her own customized rules for the 2 PM hearing.
"Parties may not refer to [Facebook] profile or profile name..." Juror social media can only be identified by "exhibit number" now
2 PM hearing "will be open to the public in part" subject to "considerations" to protect the jury
-what info was to be made available to defendant Roger Stone and when?
Govt: we do not intend to call a witness but have personal and objective knowledge of a "transmission"
Jury questionnaires were copied and electronically sent to the Stone defense in September.
On Sept 13, Stone defense downloaded copies of these files.
These include signature pages with juror names and juror numbers.
Govt now mentions another exhibit, a snapshot of a "share drive where the juror questionnaires were uploaded"
File was uploaded to share drive on Sept 12.
2nd page of the exhibit shows that Grant Smith, for Stone defense, downloaded it on Sept 13.
Govt says it only has "one paper copy of all the juror questionnaires" right now but they believe "other copies were made during the process" of preparing for trial.
-exhibit 4: copy of "jury panel sheet" dated 10/4/2019
-exhibit 3: table outlining tweets sent by "the juror at issue" Nov 6-15 during the course of trial ("none of which relate to this case" - DOJ)
Jackson is now going over an email that was used to share the jury panel sheet w both parties in the Stone trial.
Judge Jackson now asking about "who had access to the PDFs"
Judge Jackson asking if anyone working for Stone defense was tasked with googling jurors
Stone defense replies that govt also had access to the jury docs, perhaps indirectly implying that govt is source of jury document leak
Judge Jackson now goes over timeline of juror selection process in early Nov '19
Judge Jackson agrees that defense was not prohibited from looking up info about jurors.
She also says Stone defense latest motion raised an additional issue of allegations of misconduct during the trial.
Stone defense points to Qs 15 & 16 that asks if they had any opinions about DOJ/FBI that would prevent them from being impartial.
Stone defense: no, we did not.
Jackson: But you're telling me that they are now?
Stone defense: yes we are
Stone defense: the answers are at best misleading
Jackson: Intentionally misleading?
Stone defense: at this point I don't know
Stone defense: I am not
Defense takes a moment to add:
"The motions that were filed were in no way meant to disparage the court personally, they were meant to protect our client's interests..."
Stone defense: Q 31 - whether she has made posts expressing opinions about Stone, answer is false
Stone defense: "...she failed to disclose evidence regarding her opinions"
Judge: "you always link them together [Trump and Stone]... you talk a lot about implied bias"
Are you gonna answer my Q or do you just not have an answer? I understand you're saying...opinions were understated..let's get back to..your motion...that her views of [Trump] infected her w bias against Stone...what is legal support for why that counts?"
Jackson says she will grant a future hearing about posts made by this juror.
Stone defense: we don't say that any of them are in violation
Stone defense: no, and we didn't say we did.
Judge Jackson: you certainly did
Jackson: am i suposed to grant a hearing based on a possibility?
Defense has made no allegations of bias...re: any of the other jurors... questioning them about their views will not be permitted... you have that opportunity before trial began...
Juror A: No
Juror A: No
Judge: during deliberations did anyone talk about something they had read or heard on social media or the news re the case?
Juror A: No
Juror A: We solicited volunteers, one person put their hand up to volunteer, there were several seconds of silence... 4 people were nominated, we chose a foreperson w a secret ballot
Juror A: We took a secret poll to get a pulse of the room where each person indiciated how they were leaning on each charge.
Judge Jackson: did you ever have any concerns about the foreperson?
Juror A: no
Juror A: no
Judge: how did the jury get along?
Juror A: We got along well
Judge: did anyone try to bulldoze the others?
Juror A: no, there was some impatience but we were able to slow down
Juror A: No
Both parties decline to ask Juror A more Qs when prompted by Judge Jackson.
Judge Jackson said she would not be calling any more jurors to testify unless some sort of issue became apparent when questioning Jurors A and B.
Q: How long have you been on Facebook?
A: since 2008
Q: Do you receive FB posts from news organizations, I gues there are news orgs you can follow or like on FB, do you get FB posts from news orgs?
A: ....
Jury foreperson: I made no settings changes since November
Foreperson: I deleted nothing, but I changed my settings.
Judge: did you delete or take down any posts?
Foreperson: absolutely not.
Foreperson: I really don't remember.
Foreperson: absolutely not
Foreperson: when I created that years ago, it was always to state that I'm not speaking for my employer...
Foreperson: usually its something I find interesting, something I learn something from, sharing it with people who follow me on twitter
Judge: did you subscribe to any news feeds on the internet at all?
Foreperson: I have news subscriptions, yes I have some news alerts that come, morning editions, things like that
Foreperson: if I saw anything connected to this trial, I ignored it. Didn't read anything, if it was on the news I'd turn it off.
Foreperson: I normally look at FB, if I go to twitter someone has posted something to make me go there
Judge: during the trial , you weren't looking at twitter every day...?
Foreperson: no, absolutely not.
Foreperson: No
Judge: looking back, you were asked...hve you written or posted anything for public consumption about the defendant, the house committee, or Mueller investigat
This appears, what made it appear in your twitter feed, you did something w it on FB?
Foreperson: No, so I would have likely posted this on twitter bc you don't see the FB link
Foreperson: in that Q I was zeroed in about Roger Stone but I didn't remember, said I wasn't sure. Wasn't comfortable saying yes or no
Foreperson: no, thats why I tried to be clear that I wasn't sure, because I post a lot of stuff
"Did you post that?"
"It appears I did, yes."
Stone defense now mentioning other posts that seem to reference anti-Trump protests (but not Roger Stone).
"Chuck D, that's from the rap group Public Enemy?"
"Yes"
"What do you think he's trying to tell us?"
" I don't know"
Foreperson refers to a lack of racial justice in the US.
"It depends, sometimes very active, I wouldn't know a number, but quite a bit sometimes"
Judge interrupts: Was this a comment about Roger Stone?
Foreperson: No
Stone defense: did you understand Roger Stone to be an associate of Trump?
Foreperson: yes but this post wasn't about him
Foreperson: yes.
Judge: what did you know about him?
Foreperson: sort of thought he was arrested for his connection to stuff with Russia and Trump
Foreperson: no
Foreperson: yes
Foreperson: I don't remember so I can't say
Judge: is it a fist bump, sort of like its a high five?
foreperson: the irony of people saying others should be jailed, and them themselves being arrested
foreperson: yes, around november/thanksgving 2019, after the trial was over.
DOJ interrupts to ask that the foreperson have the same copy of her social media posts the Stone defense is asking her about (she didn't have one)
foreperson: yes
DOJ interrupts saying the Q is argumentative, Judge Jackson agrees.
foreperson: like I said, I said I couldn't remember.
Why Stone's defense cares about this, we can't say
Judge interrupts : "if you're reading from the transcript, you ought to give [a copy] to her"
Judge Jackson interrupts: that wasn't what she said.
What message does Public Enemy’s music convey?
What do fist emojis mean? What’s a fist bump, is it like a high five?
How does twitter work?
What a day. Thanks for following along with us everyone