Roger Stone sentenced to three years, four months for witness intimidation, lying to Congress
Roger Stone was sentenced to three years and four months on Thursday in federal court in Washington for his conviction on witness intimidation and lying to Congress about the Russia collusion investigation.
US District Judge Amy Berman Jackson said a harsh punishment instead of probation was necessary because of Stone’s threats against a witness and because his obstruction led to an “inaccurate, incorrect and incomplete report” from the House.
“This is intolerable to the administration of justice and the courts should not sit idly by, shrug its shoulders and just say it’s ‘Roger being Roger,'” she said in court.
The initial sentencing recommendation called for up to nine years in prison, which Jackson called “inflated.”
Stone’s defense team asked for no jail time.
“Given Mr. Stone’s larger-than-life persona, it’s particularly important to remind the court that Stone” isn’t just a name in the news, “he’s a real human being,” Seth Ginsberg told the judge.
Stone, 67, who declined to speak on his behalf in the courtroom or as he left the courthouse — where he was met by chants of “Lock him up” — won’t have to immediately report to prison.
Jackson said it will be delayed until she rules on a request by Stone’s lawyers for a new trial after a juror’s biased comments surfaced earlier this month.
Stone, who is on supervised release, was also ordered to undergo substance abuse testing, perform 250 hours of community service and pay a $20,000 fine.
Jackson said she had reviewed the two sentencing memorandums filed by the government.
The first was filed by career prosecutors assigned to the case, and recommended a term of seven to nine years.
The second, filed after Attorney General William Barr intervened, recommended something less but was not specific.
Jackson said prosecutors’ “initial memo has not been withdrawn,” and suggested the government’s updated position was unusual.
“For those who woke up last week and became persuaded that the guidelines are harsh and perhaps sentences shouldn’t be driven by strict application of a mathematical formula … I can assure you that defense attorneys and judges have been making that argument for a very long time,” she said. “But we don’t usually succeed in getting the government to agree.”
Prosecutor John Crabb seemed to agree with prosecutors in the first sentencing memorandum.
Asked by Jackson about the change in position, Crabb said, “The guidelines enhancement applies here for the reasons set forth in the original sentencing memorandum.”
Jackson also defended the case against Stone.
“He has not been prosecuted by his adversaries or … pursued by his political enemies,” she said, adding that it was Stone who “characteristically injected himself smack into the center of one of the most significant issues of the day.”
She also noted that Stone’s actions came at a time when Republicans controlled the House and Senate.
“Stone wasn’t obstructing not to some secret anti-Trump cabal, but to Congress,” she said, noting that the House committee he lied to was headed up by GOP Rep. Devin Nunes.
Before handing down her sentence, Jackson gave Stone a tongue-lashing, calling him an “insecure person who craves and recklessly pursues attention.”
“He was not prosecuted, as some have claimed, for standing up for the president. He was prosecuted for covering up for the president,” she said.
She also addressed President Trump’s tweets describing the Stone prosecution as “unfair” and a “miscarriage of justice,” calling them “entirely inappropriate,” but she added that she wouldn’t be influenced by them — or by others who sought a longer prison term.
“Roger Stone will not be sentenced for who his friends are or who his enemies are,” Jackson said.
Four prosecutors withdrew from the case last week after the Department of Justice overruled their recommendation that Stone, a self-described “dirty trickster,” be sentenced to up to nine years in prison after the president tweeted his anger about the case.
The longtime Trump political ally entered court Thursday wearing sunglasses and a fedora and was heckled as a “traitor” by protesters.
Stone was convicted last November by a jury of nine women and three men on seven counts of lying to Congress, obstruction of justice and witness tampering.
The charges came out of special counsel Robert Mueller’s investigation into Russian collusion in the 2016 presidential election.
Jackson decided to proceed with Stone’s scheduled sentencing on Thursday, despite the developments and after Stone’s legal team sought a new trial.
There was rampant speculation that Trump would pardon Stone.
On Tuesday, Trump granted pardons to or commuted the sentences of 11 people, including former NYPD Commissioner Bernie Kerik, financier Michael Milken and former Illinois Gov. Rod Blagojevich.