Quick update on staffing for Stone hearing. Cooney and Crabb are taking point but Marando, who withdrew but didnt quit, is also in gallery along w Gaston from Craig/McCabe
Also Max Mishkin from Ballard Spahr to argue for media for access to juror related hearing
So you've probably seen judge will do audio-only in closed courtroom for juror hearing on Stone case. She also at least 3 times invoked Trump tweets about the jury for putting the jurors at risk
The press lawyer, Max Mishkin, was just removed from the courtroom by a court security officer as he tried to address the court near the end of the hearing
Typically, judges would hear argument from media after press lawyers seek to open a proceeding.
Juror conduct hearing underway. Somewhat awkward for government as point prosecutor on jury selection was Jonathan Kravis, who quit the government two weeks ago over Barr's intervention in the case
But Cooney says he was closely involved. A lot of questioning from judge about how juror questionnaires were handled. I suspect what we're getting to is that some or all of the questionnaires have been leaked on social media
As I noted earlier, one of the prosecutors who quit the case, Michael Marando, is here at the courthouse. Cooney says he's no longer in the courtroom because he's not counsel of record and judge kicked out everyone not connected to the case
Cooney says some tweets from the juror in question disappeared after the defense motion to disqualify was filed. He says: 'Some of the tweets and in particular the links are gone."
Marando is taking witness stand and being sworn....
Judge is asking Marando about when he got order of jurors for seating. He seems to allude to the troubles in the case. 'It’s coming back to me now….a lot has happened,' the prosecutor says.
Marando testified that the defense knew several days before jury selection what order jurors would be seated. I think this will go to how defense chose to use their peremptory strikes but it hasn't been tied up yet, as the lawyers say
Moments after judge rather directly criticized Trump, he responds with a tweet calling her and juror 'totally biased.' The judge is on the bench as we speak. Interesting times
Judge is questioning defense attorney Robert Buschel about who had access to the questionnaires. Important if we're hunting a leak.
NEWS: Buschel says defense never googled the juror in question. 'No unfortunately, they did not do that in this circumstance.'
Ginsberg gets a bit of a benchslapping, with judge suggesting recent motion was for public (or Trump) consumption. Jackson: 'It's marked by a tone that I haven’t seen previously in the proceedings in this case and a particularly heavy reliance on adjectives.'
Judge is going through the foreperson's questionnaire and getting defense to specify what is allegedly false. Ginsberg: 'Based on the social media post it appears to me that they are misleading…..intentionally.'
Ginsberg defends the defense's recent motions, but judge says tone was unhelpful. 'It's distracting. It doesn't make it more persuasive. It makes it less persuasive. It may be the New York style,' she quips.
Ginsberg is arguing that a post the jury foreperson made suggesting Trump supporters are racist amounted to evidence of bias against Stone. Judge seems skeptical....
Judge says: 'It's not just a question of what did she write? What did she think? What did she feel? It's a question of: Did she lie?' Ginsberg is reading social media posts from juror about Mueller now
Judge says again that issue, at moment, is whether juror lied 'not that she is a died in the wool Democrat and probably wouldn't like Mr. Stone if she met him.'
Ginsberg also notes a 2017 post calling Trump '#klanpresident.' Judge says she wants to keep moving 'We have jurors (plural) cooling their heels.'
Ginsberg says of jury foreperson's answers: ‘I think that deprived the court and the parties of information that would have supported a valid cause challenge.’
Ginsberg said judge stopped the defense from questioning the juror. Judge gets angry for first time during hearing, saying: 'That isn't true, Mr. Ginsberg...He [def atty] did not ask any more questions. I did not stop him.'
Ginsberg: 'Her strong political bias places her in a catgeory that you can infer bias against the defendant.' Judge is asking for cases in support
Judge says she won't rule right now on whether juror's answers were false or whether newly-published info on social media posts are 'newly-discovered evidence'
Judge says she'll allow questioning of the juror. Now discussing whether the hearing will also explore whether she read/saw news about Stone during trial. Ginsberg says that she likely saw such things.
We're been going with defense for a long time here without any input from prosecutors....
Judge discloses whole jury was invited to be here today. Foreperson is here. There are 11 people in the jury room.
Judge is going to question some jurors about improper influence or extrajudicial information. Two to start. More if warranted. Judge: 'I'm not going to let you engage in a fishing expedition.'
Judge calls situation 'unprecedented,' refers to a 'very public ongoing effort to discredit not just the prosecution but the jurors themselves.' As I noted earlier, Trump has been tweeting during the hearing about the alleged bias of the judge and the jury foreperson.
Judge has ruled that defense did not meet the standard to get a hearing to show jury was tainted by press reports during trial, but she will allow limited hearing anyway. She has said she'll also allow a hearing on whether foreperson was candid.
Juror A just took stand. Says no discussion on jury of media reports or evidence from outside the record. Says foreperson was elected by secret ballot from among 4 candidates
JUDGE: 'Did the foreperson encourage civility and respect among the jurors?'
JUROR A: 'She absolutely did.'
Juror also says foreperson didn't try to force anything on anyone. 'We got along well.'
JUROR A: 'She absolutely did.'
Juror also says foreperson didn't try to force anything on anyone. 'We got along well.'
Juror A says there was 'impatience' at points, but 'as a group, we were able to slow ourselves down.' Neither side had extra Qs for him. Juror B up now. Female.
Juror B says she was not informed about any news or social media by other jurors during deliberations. Confirms foreperson was selected by secret ballot.
JUROR B: 'Each person just say what they had to say about each count.' No concerns about foreperson trying to impose her views on jury
NEWS: JUROR B says forewoman was the one who raised a question about one count that resulted in a jury question. Not helpful for defense that juror they are accusing of bias was one who slowed down deliberations on one count.
Judge is cutting off questioning on conduct in jury room. 'I don’t believe there is any point in calling any other juror to testify about this matter,' judge says. Now, she's about to call the foreperson. Another warning about not mentioning her twitter handle
If people are wondering, the windows of the courtroom have been blacked out. Public is excluded. A half dozen or so people are listening in a neighboring courtroom. A couple dozen media are listening in a media room downstairs.
Jury foreperson just took the stand. Judge is questioning her about her Facebook account.
Foreperson says she shut down her FB and Twitter accounts on Nov 15 2019. Came back around Thanksgiving. She had been feeding her Facebook posts to her Twitter feed.
Foreperson denies she deleted any FB or Twitter posts: 'Absolutely not.' Judge seems to be zeroing in on whether the Facebook posts were available at time of jury selection.
Judge asks about some fist bump tweet around Nov 15 2019: 'Were you celebrating the verdict that had yet to be decided in the Roger Stone case?' Foreperson: 'Absolutely not.'
Foreperson says she wasn't trying to minimize her social media posts about Mueller etc. Juror: 'I post and tweet a lot of stuff. I absolutely was not trying to downplay anything.' She notes she didn't answer yes or no to a questionnaire Q about posts, but said she might have.
Judge is now allowing Stone lawyer Seth Ginsberg (brought on post-trial) to question foreperson.....
He's asking her about a post paying tribute to rapper Chuck D of Public Enemy....
Asked about her answer to qnaire where she said she may have posted 'an article' about Mueller probe, foreperson says: 'That was not meant to say one article….i said I'm honestly not sure. That was the honest answer. '
Foreperson continued: 'It is why I did not check yes or now because I did not want to be deceptive to was giving the best answer at that time....I don’t have a memory of every tweet or share that I've done.'
NEWS: We're done for today. Judge doesn't rule immediately. Judge: 'I'll take the matter under advisement. Thank you everyone for staying.'
