A federal judge sentenced President Donald Trump’s friend, the longtime Republican operative Roger Stone, to more than 3 years in prison on Thursday for lying to Congress and tampering with a witness in an effort to protect Trump.
“He was not prosecuted, as some have complained, for standing up for the president, he was prosecuted for covering up for the president,” said Judge Amy Berman Jackson about Stone, who showed no visible emotion when he was sentenced.
“The truth still exists, the truth still matters. Roger Stone’s insistence that it doesn’t … are a threat to our most fundamental institutions,” Jackson said in a blistering denunciation of Stone.
She repeatedly mentioned the “dismay and digust” that his crimes caused.
But Stone, 67, will not have to serve Jackson’s sentence of 40 months in prison just yet — and possibly not ever.
Jackson suspended the imposition of the sentence pending her ruling on a request by Stone that he be granted a new trial on the grounds of alleged misconduct by a juror for his trial last fall.
If Jackson approves that request, the sentence that she announced in U.S. District Court in Washington, D.C., will be void.
Stone, whose lawyers had requested a sentence of probation, also could be granted a pardon by Trump.
The president has critical of the case against his former advisor, and tweeted about the case, again, during the sentencing hearing.
If Stone is pardoned, his conviction would be voided, along with any sentence.
The sentencing capped more than a week of controversy over Stone’s case, and accusations that Attorney General William Barr and Trump improperly interfered in the prosecution due to political considerations and because of Trump’s relationship with Stone.
Barr forced the U.S. Attorney for the District of Columbia, whose office prosecuted Stone, to recommend a more lenient prison term for the political operative than the seven to nine years that trial prosecutors originally proposed.
The four prosecutors for Stone’s trial quit the case in protest as the U.S. Attorney filed a new memo, which, while calling for “far less” time in prison for Stone, did not recommend a specific amount of time for him to be locked up.
In addition to the prison term, Jackson also ordered Stone to pay a $20,000 fine, serve two years of supervised release, and perform 250 hours of community service.
The 40-month sentence Jackson announced was markedly less than not only the original suggestion by prosecutors, but also less than the minimum term of nearly six years suggested by federal sentencing guidelines as calculated during Thursday’s hearing.
“I’m doing OK,” Stone told a reporter as he left the courtroom dressed in a black pinstripe suit, blue shirt and blue tie.
Protestors heckled Stone with chants of “lock him up!” as he entered a car outside the E. Barrett Prettyman Courthouse and was driven away.
Stone did not respond when CNBC repeatedly asked him if he believes Trump will pardon him.
Stone did not make a statement on his own behalf at the sentencing, a decision that could reflect his plans to appeal his conviction, and a wish to avoid harming his defense at a second trial.
Jackson dismissed arguments by Trump and other defenders of Stone that the the prosecution against him was politically motivated.
The judge also called Trump’s tweets about Stone “inappropriate,” but also said she would not hold them against Stone.
She said that Stone, who reveled in cultivating a “dirty trickster” image, had “characteristically injected himself” in the issue of a hack of Democratic emails by Russian agents by claiming he had access to Julian Assange, co-founder of the document disclosure group WikiLeaks.
WikiLeaks ended up releasing those emails during the 2016 presidential election.
Stone then lied to Congress a year later about his efforts to get access to those emails, the judge noted.
Jackson said that Stone lied because he knew that public disclosures that he was in touch with WikiLeaks would “reflect badly” on Trump.
“The problem is nothing about this case was a joke. It wasn’t funny. It wasn’t a stunt and it wasn’t a prank,” Jackson said.
Jackson early in the hearing ruled against most arguments by Stone’s attorneys related to the calculation of federal sentencing guidelines, which provide judges with possible framework on which to base their punishment of a defendant.
Jackson said Stone should be penalized in that calculation for threatening violence against a witness in the case and that witness’s dog, and for obstructing a House committee’s work in investigating Russian interference in the 2016 U.S. presidential election.
John Crabbe, the new prosecutor in the case, apologized Thursday to Jackson for what he called “confusion” over the sentencing recommendation. Crabbe also said that the first recommendation “was done in good faith,” and also said that “this prosecution is righteous.”
But Crabbe also told the judge that he was not free to discuss who wrote the second sentencing memo that had recommended a less steep term in prison for Stone. Crabbe had signed that memo.
The new prosecutor also did not object to Jackson including a set of “enhancements” to Stone’s sentencing guidelines which called for a prison term as high as 87 months.
Shortly after the sentencing hearing began Thursday, Trump tweeted about Stone.
Stone was convicted at trial in November of charges related to false statements he gave a House committee in 2017.
The statements were related to his contacts with Trump’s campaign during the 2016 presidential election, as Stone sought to get information about emails stolen by Russian agents from Hillary Clinton’s campaign manager and the Democratic National Committee.
Those emails, which were seen as embarrassing to the Democratic nominee Clinton, were made public by WikiLeaks.
Stone also was convicted of witness tampering for threatening an associate, the comedian Randy Credico, in an effort to get him to corroborate his lies to Congress. Stone had falsely claimed that Credico was his conduit to WikiLeaks.
Prosecutors said at Stone’s trial that he kept Trump’s camp aware of what he had learned about WikiLeaks’ plans for releasing the emails. But Stone had told the House committee he had no such conversations with the Trump campaign about WikiLeaks.
The case was lodged in early 2019 by then special counsel Robert Mueller’s office. Mueller previously obtained convictions of Stone’s former business partner, Paul Manafort, who headed Trump’s 2016 campaign for several months.
Manafort, who currently is serving a 7-1/2-year prison sentence, was convicted of financial crimes related to his work for a pro-Russia political party in Ukraine. That work occurred before his tenure on the Trump campaign.
Another former business partner of Manafort’s, ex-Trump campaign official Rick Gates, testified at Stone’s trial that Trump talked to Stone about WikiLeaks during the 2016 campaign, and that Gates himself had spoken with Stone about information expected to be released by WikiLeaks.
A year earlier, in November 2018, Trump in written answers to Mueller, said, “I do not recall discussing WikiLeaks with” Stone, “nor do I recall Mr. Stone having discussed WikiLeaks with my campaign.”
Gates was sentenced by Jackson in December to 45 days in jail for conspiracy and for making a false statement. Those crimes related to his work in Ukraine with Manafort.
Stone’s former associate Credico, in a letter to Jackson last month, said that sending Stone to prison would be “cruelty.”
Credico urged the judge to give Stone a sentence of probation for the five counts of false statements, and one count each of obstruction of proceedings and witness tampering.
More than 2,000 former Justice Department employees have publicly called on Barr to resign for his reversal of the career prosecutors’ sentencing recommendation.
“Each of us strongly condemns President Trump’s and Attorney General Barr’s interference in the fair administration of justice,” the letter said, specifically citing the Stone case.