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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJudge says sentencing recommendation should be higher because Stone threatened witness
https://edition.cnn.com/politics/live-news/roger-stone-sentencing/index.htmlmalaise
(269,157 posts)US District Judge Amy Berman Jackson sided with the Justice Department, agreeing that the sentencing recommendation for Stone should be much higher because of his threats to witness Randy Credico.
Prosecutor John Crabb Jr. said the fact is the defendant threatened both his personal safety and his pet.
We believe this enhancement applies and we ask the court to impose it," Crabb said.
Crabb, during his first argument to the court today, appeared to be sticking with the original sentencing recommendation, which argued Stone threatened violence and should be punished more harshly.
The first sentencing memo asked for seven to nine years in prison, while the revised version did not name a specific length of time, but said a sentence should be far shorter than the first recommendation.
Jackson read into the record a few of Stone's texts to Credico, including the f-word.
11 min ago
Defense attorney argues Stone shouldn't receive a longer sentence for threatening a witness
From CNN's Katelyn Polantz
Roger Stone's defense attorney, Seth Ginsberg, argued that the judge shouldn't take into consideration a higher sentencing guideline because of Stone's threats to witness Randy Credico.
What's this about: In April 2018, Stone wrote an email to Credico, saying you are a rat. A stoolie. You backstab your friends-run your mouth my lawyers are dying Rip you to shreds. Stone also said he would take that dog away from you.
"It's not that they weren't a serious enough threat to trigger the guidelines, the words themselves did not constitute a threat at all," Ginsberg said.
Stone is known for using "rough, hyperbolic language." Credico knew "it was just Stone being Stone."
There was no violence in this case, Ginsberg said, pointing to Credico's letter to the judge before Stone's sentencing. In that letter, Credico said he never believed Stone would actually take or hurt his dog, and he asked the judge for leniency.
Ginsberg says he can't find case law that would support the sentencing recommendation increase if a victim doesn't believe they're being threatened. "That's a very blunt instrument," he said.
"I have the authority to deal with that," Judge Jackson responded.
Thomas Hurt
(13,903 posts)No your Honor. When I handed the teller note that said give me the money now and no one gets hurt, I wasn't robbing the bank I was just asking for a withdrawal in rough hyperbolic language........(rolls eyes)
padfun
(1,787 posts)I said I wouldn't hurt anyone if they obeyed.
mr_lebowski
(33,643 posts)I think Stone gets off of this one, as it's not a threat, technically. People say 'if you do such and such you'll hear from lawyers' all the time. It's not against the law.
At least, this is far from an outlandish argument on his behalf.
Hopefully Judge see it differently.
lagomorph777
(30,613 posts)It's a physical threat.
Sorry, Stone does NOT get off on this one.
mr_lebowski
(33,643 posts)I don't know whether that qualifies under the relevant statutes tbh.
lagomorph777
(30,613 posts)And she says, he won't get off. Just in common sense terms, threats against "property" (only "property" in the strict legal sense) are threats. I can't see how the law would say that's perfectly OK.
mr_lebowski
(33,643 posts)that he takes everything, down to and including his dog.
I think it can reasonably argued by the guy's lawyer (not saying its RIGHT mind you) that threatening to sue somebody for everything they have ... falls outside of 'criminal threat' territory.
I suppose we'll never know just how much his sentence was 'elevated' for this particular email, so it's kinda redundant to debate it.
Good talk in any case
lagomorph777
(30,613 posts)I think the judge has discretion here (she says she does).
lagomorph777
(30,613 posts)nobuddy
(215 posts)spanone
(135,873 posts)malaise
(269,157 posts)Here's what Trump is tweeting as Stone's sentencing plays out
From CNN's Betsy Klein
As Roger Stones sentencing gets underway, President Trump is tweeting on other foes, including former FBI director James Comey, former FBI deputy director Andrew McCabe, as well as John Kerry and Sen. Chris Murphy, whom, he claims, violated the Logan Act, an assertion he has made before.
Donald J. Trump
✔
@realDonaldTrump
They say Roger Stone lied to Congress. @CNN OH, I see, but so did Comey (and he also leaked classified information, for which almost everyone, other than Crooked Hillary Clinton, goes to jail for a long time), and so did Andy McCabe, who also lied to the FBI! FAIRNESS?
21.8K
10:22 AM - Feb 20, 2020
Twitter Ads info and privacy
10.7K people are talking about this
Previously, Trump claimed that, in an exchange with Sen. Chuck Grassley at a committee meeting, Comey admitted to being a leaker.
Facts First: Trumps claim was the opposite of the truth. Comey denied being a leaker in that meeting of the Senate Judiciary Committee in May 2017.
In another tweet, Trump said Kerry and Murphy violated the Logan Act, which makes it a felony for individuals who are not authorized by the US government to negotiate with foreign governments which have disputes with the US. CNN has fact checked a similar claim by Trump before you can read it here.
Donald J. Trump
✔
@realDonaldTrump
John Kerry and Senator Chris Murphy grossly violated the Logan Act with respect to Iran. If a Republican did what they did, there would be very serious ramifications!
safeinOhio
(32,715 posts)All the other kids get to say that stuff. Its not fair.
AZ8theist
(5,493 posts)Donald J. Trump
✔
@realDonaldTrump
John Kerry and Senator Chris Murphy grossly violated the Logan Act with respect to Iran. If a Republican did what they did, there would be very serious ramifications!
SAID THE TRAITOROUS PIG WHO SENT HIS PERSONAL LAWYER TO THE UKRAINE.
dalton99a
(81,570 posts)malaise
(269,157 posts)Throw away the keys for all I care
Hermit-The-Prog
(33,414 posts)dweller
(23,661 posts)sink him like a stone
😡
✌🏼
Takket
(21,625 posts)malaise
(269,157 posts)Stone's lawyer says he's not just a persona he's "a real human being"
From CNN's Katelyn Polantz
Roger Stones attorney, acknowledging that his client is known for his flamboyancy, asked the judge to go easy on him.
The sentence is going to be imposed on a real person, attorney Seth Ginsberg said.
Given Mr. Stones larger-than-life persona, its particularly important to remind the court that Stone isnt just a public persona hes a real human being," he said.
safeinOhio
(32,715 posts)Reduce that 7 years to 6 years/8 months.
Ms. Toad
(34,087 posts)bluestarone
(17,030 posts)Now i just wish he could be help IMMEDIATELY held on a state charge!!
UTUSN
(70,740 posts)7 yrs, while the guidelines were (17?).
UTUSN
(70,740 posts)Prosecutors today are sticking with the approach laid out in the first sentencing memo
From CNN's Katelyn Polantz and Shimon Prokupecz
The Justice Department prosecutors in court today are essentially arguing that nothing should change for Roger Stone.
CNN's Katelyn Polantz, who is inside the courtroom, reports that twice now the prosecutors have argued for the same approach the Justice Department took last week in their initial sentencing memorandum, arguing that there should be a harsher sentence for Stone.
Remember: Prosecutors had initially asked Stone to be sentenced to seven to nine years in prison, resting that recommendation on the severity of his crimes and behavior. President Trump called that ask "very unfair," however, in a late-night tweet. Attorney General William Barr then overrode the recommendation, saying seven years in prison would be too harsh a sentence a move that prompted four prosecutors to withdraw from the case.
Today's prosecutors two new DC US Attorney's Office supervisors who stepped up after the withdrawal argued that Stone should receive the higher sentence for two reasons: First, he obstructed justice in Robert Mueller's investigation. Second, he threatened witness Randy Credico.
US District Judge Amy Berman Jackson sided with the DOJ, agreeing that the sentencing recommendation for Stone should be much higher on the obstruction charge.
"It led to an inaccurate, incorrect and incomplete report" from the House on Russia, WikiLeaks and the Trump campaign, Jackson said.
malaise
(269,157 posts)I suppose that I could say Roger Stone didnt intend to hurt me ...its just classic bad judgment, Jackson said, dismissing that idea.
She continued: It wasnt accidental, adding that Stone used social media to get the broadest dissemination possible.
Incendiary activity is precisely what hes known for, she said, noting his friends letter to her.
This is intolerable to the administration of justice. The court should not sit idly by, shrug its shoulders and say, 'thats just Roger being Roger,' Jackson said.
She said, Defendants behavior here following his arrest was disruptive, in that we had to waste considerable time convening hearings, trying to get Stone to comply with court orders that were clear as day and to keep people in the courthouse safe.
Meanwhile, Stone is sitting with his eye's closed, fiddling with a pen and shifting his weight.
OMGWTF
(3,975 posts)Pardon Season came early this year.
UTUSN
(70,740 posts)was involved in BARR's team recommendation for lighter sentence (lighter rec now walked-back).
BARR's team told court the prosecution was "righteous." Contradicting SHITLER's claims it should never been tried.
malaise
(269,157 posts)UTUSN
(70,740 posts)UTUSN
(70,740 posts)malaise
(269,157 posts)Despite the drama over whether Stone should receive the seven to nine years in prison the original Stone prosecutors recommended, the new prosecutor wants Stone to go to jail.
John Crabb Jr. said he wanted to apologize to the court for the confusion the Justice Department has caused with respect to this sentencing.
This confusion was not caused by the original trial team, he said. The original trial team had authorization to submit the original sentencing memo.
ancianita
(36,133 posts)Such a fair, evenhanded, law enforcing, expressively appropriate justice had better watch her back.
malaise
(269,157 posts)Yeeeeeeeeeeeeees!
ancianita
(36,133 posts)I'm hoping they've got a deep bench of this kind of prosecutor.
malaise
(269,157 posts)The court should impose a substantial period of incarceration, Crabb added.
Crabb said he is not going to elaborate on who wrote the revised memo or say who directed him to write it, after the judge asked him directly. He would only say he signed the updated memo.
The court will rely on its own sound judgment and experience, Crabb said. We have confidence the court will impose a just and fair sentence in this matter.
UTUSN
(70,740 posts)malaise
(269,157 posts)Judge: Roger Stone was not pursued in this case by "political enemies"
Judge Amy Berman Jackson said, This case did not arise because Roger Stone was being pursued by his political enemies."
"It arose because Roger Stone characteristically injected himself smack into the middle of one of the most significant issues of the day," she said.
Stone's sentencing hearing is ongoing.
malaise
(269,157 posts)totodeinhere
(13,059 posts)And there is nothing anyone can do about it.
malaise
(269,157 posts)I want the judge to lock him the fuck up - the judiciary does not defer to The Usual Suspects
UTUSN
(70,740 posts)UTUSN
(70,740 posts)malaise
(269,157 posts)UTUSN
(70,740 posts)malaise
(269,157 posts)cable channel
malaise
(269,157 posts)Her address should be made public for everyone to hear.
This is way more important than whether th Con pardons her or not.
Seven fucking charges - this is no witch hunt.
Judge brings up the time Stone threatened a dog
US District Judge Amy Berman Jackson grew more intense with her speech as she shifted her focus to witness tampering.
Jackson noted that Stone pressured witness Randy Credico not to speak about the updates Stone was sending to the campaign.
In April 2018, Stone wrote an email to Credico, saying, You are a rat. A stoolie. You backstab your friends-run your mouth my lawyers are dying Rip you to shreds. Stone also said he would take that dog away from you.
"All of it culminated in the threats to the dog and 'prepare to die,'" Jackson said today.
She also acknowledged how Credico said Stone is a dog lover, which is "a good thing."
"Maybe today he just doesn't want to be the reason behind the tough sentence" Jackson mused about Credico.
James48
(4,440 posts)Trump can't pardon him until after he is sentenced.
The Judge needs to stretch out the sentencing phase until after Trump is removed from office.
With all the crap with the Justice Department, I think new sentencing hearings may take months before they are even scheduled. on't you? Meanwhile, lock up Stone and hold him there while you study what the correct sentence should be.
You should be ready to issue Stone's sentencing in, oh, say, about 11 months.
greenjar_01
(6,477 posts)A pardon would void the need for sentencing, since it simply voids the conviction.
totodeinhere
(13,059 posts)When Ford pardoned Nixon he hadn't even been indicted in a court of law yet.
greenjar_01
(6,477 posts)totodeinhere
(13,059 posts)His sentence was just deferred to allow him time to ask for a new trial. And he only got 40 months which is an outrage. He should have got much more than that.
malaise
(269,157 posts)and sentence him - I wnat 10 - 20 years.
Fuck Don the Con - she's speaking straight to the Con right now. The Con could have a stroke tonight (please, please) and then Roger is fucked.
The Executive must not get away with lying to Congress, threatening the judiciary and disrespecting two branches of government - fuck that shit.
As she just said You were doing this to cover up for the President- go Judge Berman! Lock him up!
UTUSN
(70,740 posts)malaise
(269,157 posts)malaise
(269,157 posts)I wanted ten to 20
greenjar_01
(6,477 posts)UTUSN
(70,740 posts)totodeinhere
(13,059 posts)I thought that the judge was going to come down hard on him but instead he gets a slap on the wrist. And she deferred the sentence to allow him time to ask for a new trial. I am outraged.
triron
(22,020 posts)Judge Jackson succumbed to pressure.