Roger Stone Convicted and Bill Barr Vindicated With 40 Month Sentence [Updated]

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Roger Stone has been sentenced to 40 months by U.S. District Court Judge Amy Berman Jackson. I previously stated that the likely sentence would be half of what the prosecutors originally sought and that is precisely what the court did. The sentence not only completed the conviction of Roger Stone but completely vindicated Attorney Bill Barr on the appropriate length of the sentence. Barr has been unfairly accused of political influence in modifying the original sentence even though many of us denounced the original recommendation as wildly offbase. Not only did over a thousand former prosecutors demand his resignation without knowing the full facts, but one former colleague declared Barr to be “unAmerican.” If these individuals have a modicum of decency, they will acknowledge that Barr was right on the merits of this sentencing recommendation as demonstrated by the court itself.

The question was not whether the original recommendation was within the guidelines, but the proper calculation under those guidelines. As I discussed earlier, the prosecutors sought a major increase of the sentence as a “crime of violence.” As I stated on NPR this morning, the base offense level for these crimes is a little over a year. Enhancements were justified but the prosecutors seemed vindictive and unhinged in their arguments for up to nine years. This included effectively double counting aggravating elements of the underlying crimes. Jackson said that she would take the threats of Stone into account but declined to use enhancements to push the sentence to the top of the range. She also rejected claims that Stone showed extensive planning.

While Judge Jackson stood up for the original prosecutors and called the sentencing change “unprecedented,” she notably followed the opposing call for sentencing below half of what the prosecutors requested. Moreover, it is not clear what is “unprecedented” depending on your perspective. To some at Justice, the filing of a recommendation opposed by Main Justice might seem unprecedented or at least alarming. This does not mean that Jackson supports the intervention. Indeed, she seemed eager to defense the original team.

As a criminal defense attorney, I am also astonished by those who have agreed that the original sentence was excessive and extreme, but still insist that Main Justice should not have intervened. Given the widespread criticism of original sentencing recommendation, the controversy boils down to the fact that Main Justice modified the sentencing recommendation over the objections of the trial prosecutors. However, Main Justice has prosecutors too. The Criminal Division plays a role, as I earlier discussed, in such recommendations. Are critics suggesting that Main Justice is not allowed under the U.S. Attorneys manual to make such decisions or that the Justice Department should never, in full candor to the court, revised a recommendation?

Reports indicate that Main Justice thought that it was understood that a more moderate recommendation would be made. If Justice officials believed that this recommendation was excessive and unsupportable, I would hope that someone would have the courage to correct and not worry about the optics. The Justice Department has a duty of candor to the tribunal as well as a duty to do justice. If this sentence was viewed as excessive, it should be corrected.

I have been in cases with where prosecutors have sought excessive sentences but that does not make it acceptable or right. Given the overwhelming view that the original recommendation was wrong, I find it hard to understand why Main Justice should have stayed silent and not informed the court that justice would not be served with such a sentence.

Not surprisingly, the media seems to have moved on with little recognition that the original recommendation was manifestly wrong and excessive. Instead the media besmirched Barr’s reputation and then failed to report the countervailing facts. After the court came down precisely where some of us predicted, it just moved on to the question of whether Stone would be pardoned. Even with a justifiably angry court, the sentence came in at 40 months rather than 108 months.

While these former prosecutors did not wait for the full facts, it was later shown that the decision was made before Trump’s comments and that there was no communication with the President on the case. It was also later disclosed that Barr and other officials at Main Justice agreed that the recommendation was manifestly wrong. That included the acting U.S. Attorney. Main Justice and specifically the Criminal Division often coordinates or directs decisions in high-profile cases. All of that was ignored in favor of a narrative that Barr carried out the orders of Trump after he publicly denounced the prosecution.

The hair-trigger attacks have become a common feature in legal analysis in these controversies. In this case, however, it was reasonable for many to raise concerns after Trump’s tweets. I immediately called for an investigation and still believe that such an investigation is warranted. It is not the legitimacy of the concerns but the immediate conclusions that are so objectionable.

As I said in the prior column, Barr was right on the merits of the ultimate sentence and the court ended up exactly where he and Main Justice recommended on the sentencing of Roger Stone.

166 thoughts on “Roger Stone Convicted and Bill Barr Vindicated With 40 Month Sentence [Updated]”

  1. “I previously stated that the likely sentence would be half of what the prosecutors originally sought and that is precisely what the court did. The sentence not only completed the conviction of Roger Stone but completely vindicated Attorney Bill Barr.”
    *****************
    Forty months is crazy long and the enhancement for the “non-threat” threat was equally appalling. ABJ turned out to be a bag man for the Dims all along condemning this crazy ol’ coot of a 67-year-old to a practical life sentence. He should appeal it for the tainted jury foreman and get out on bond pending that appeal. Talk about selective prosecution in the face of the Mccabe/Comey DOJ cop outs. Two tier justice, indeed.

    I ‘m amazed that anyone would blythely accept a verdict from a jury that the Devil would be embarrassed to seat for the trial of Daniel Webster:

    1. Well, you read the stated opinions of partisan Democrats on these threads and you realize that not one of them has a set of impersonal principles that apply to anything. Democratic politics is not reducible to using whatever instrument is at hand for injuring the opposition, and striking the most repulsively pretentious attitudes while so doing. And this cr!p goes all the way down.

  2. Barr never needed to be vindicated. The 1000 prosecutors have no “modicum of decency”. Stone’s sentence is absurd until McCabe, Comey, the FISA liars, Strock, and Clapper are sentenced to 40 months – all lied to Congress, lied to prosecutors and obstructed justice. I can add to the Schiff who lied multiple times to his fellow Congressmen.

    Dr. T – unequal justice is NOT justice. Please show me how this was just in the context of those I named. I have no idea if I like Mr.Stone but everyone can see that justice is a slippery word in today’s world and if you are facing a liberal judge like Amy Jackson .

  3. What did Trump just tell the Deep State Tyrants? I think it was he has a feeling there’s at least a mistrial coming for Stone.

    Maybe it’s just a hunch, but I don’t think the Deep State American Haters like Trump so much?

    BTW: Where’s AG Barr? Goofing off again on Twitter?

  4. Barr vs Holder
    Holder goes out to Ferguson, Mo to look into the shooting of a gang banger, comes back and we have to deal with the false narrative of “Hands up don’t shoot” for the next millennium. The entire congressional black caucus takes a picture on the capitol steps. When allegations against police officer are found not to be true, not a peep of apology from the leftists.
    “Fast and furious” investigation finds Holder in a bipartisan contempt of congress and Obama claims executive priviledge for his “wingman”. Officer Terry is killed and an Obama gun is found next to his body.
    And Barr has done what?

    1. You are welcome to apply for a job with Barr to help him. Yet the competition might be fierce since there are so many others on here lodging advice and complaints towards Barr. No doubt they are busily applying for a job to help Barr as we speak

      IOW,

      🖕🏾

  5. Prosecutors routinely seek sentences that exceed what they (internally) believe they can get. This is built into the process. it’s very similar to negotiating – anything. If you start out too low, then sometimes you get what is less than is reasonable. Perhaps sentencing for crimes should operate with a different process. But this is the way it has always been.

    1. That is why the judge’s 40-month sentence for Stone does not vindicate Barr in an way. BTW, I too believe that 40 months is just about right.

      1. BTW, I too believe that 40 months is just about right.

        One reason, among others, you should be allowed no discretion over any matter.

  6. Since Stone was part of Trump’s cesspool and hired because Trump only gets the best, Trump’s sharpie is ready for action. If he’s not using it to redraw maps.

  7. OK, Stone has been sentenced. Now when can we expect a sentence for Comey, McCabe, Hillary, Strzok, Brennan, Clapper, etc.? Of course the answer is the 12th of Never. The justice system in this country is two-tiered. Unless you are a conservative or a Trump supporter, you are above the law!

    1. Trump should pardon Stone since he did nothing wrong. Pelosi, Schiff, Nadler, Schumer, all of them lie whenever their mouths open.

      Trump should increase the number of commutations and pardon. He has a long way to go to come close to Bill Clowntin. Let the “resist” TDS anarchists howl. They are entertaining. Now only if they set themselves on fire to show us they are serious.

      PARDONS GRANTED BY PRESIDENT WILLIAM J. CLINTON (1993-2001)
      https://www.justice.gov/pardon/clinton-pardons

      “ As President, Bill Clinton used his power under the U.S. Constitution to grant pardons and clemency to 456 people, thus commuting the sentences of those already convicted of a crime, and obviating a trial for those not yet convicted. On January 20, 2001, he pardoned 140 people in the final hours of his presidency”

      Wiki

    2. Since Trump won, this is the main point The Deep State desires to drill home to every living creature: the next time an independent non-Deep State individual (which generally defines Trump) decides to run for POTUS, every person who decides to help said cause is open season for Deep State operatives, e.g. CIA, FBI, men and women with guns and badges who are there to physically, legally, and totally EPH you up and make you and yours wish you were never born.

      Nothing short of a trial for treason and public hangings of these Deep State individuals is required and shall never happen.

      Obama is just another Deep State POS. They have no desire nor need to destroy him. But if they did 1/10th to him what they did to Trump and his team, Comey and McCabe, etc. would long ago have been given life sentences without parole.

  8. BILL BARR WINS. Make the former prosecutors, who were anti Trump Muller Team, look like fools. I think the Judge thought it was over the top. Judge Amy Jackson Berman is NO Trump fan she is a avid Dem activist.

    Now we wait for a decision for a new trail. There should be one.

    In the End, Roger Stone may not have to serve any time and the case may be thrown out.

    BARR and TRUMP are Winners.

    1. How can that evil *itch still have him Gaged after sentencing! Because she doesn’t gives two sh*ts about the USC/Rights & the spirit of the law.

      ? What is Commie/Nazi.

  9. As the Tyranny of Evil Men beat us over the head with clubs there fly monkeys out of the bureaucracy, like JT beg us to remain calm & civil as they destroy every living thing on the planet.

    Yeah Right! That isn’t where their power they are using came from & the power they are using is failing.

    Your systemic criminal elements inside the Fed Govt’s violent threats using Extortion, violating Free Speech Rights, the 6 amd., are no long of much if any effect.

    I don’t believe there is any need of violence yet by the citizens as the Tyranny of Evil Men they wished to use against us is now consuming them now.

    So go right ahead & preach to us from your penthouse atop of your Tower of Babel , DC, etc., that you’ve built with your works.

  10. I doubt if it will matter in the end. One of two things are going to happen. Either Stone will appeal and the verdict and sentencing will be overturned or Trump will pardon Stone, perhaps before the end of the month.

  11. Turley: at this juncture, you should just admit you’re on Fox’s payroll. NOTHINGI N STONE’S SENTENCE VINDICATED BARR BECAUSE THERE CAN BE NO VINDICATION FOR LETTING TRUMP DICTATE WHAT THE DOJ DOES OR INTERFERE IN PROSECUTORY ACTIONS. The prosecutors quit the case because Barr allowed Trump to push him around and override the Sentencing Guidelines. There are multiple factors which the Judge considered, which included his advanced age and lack of criminal history. None of that changes the fact that Barr took his marching orders from Trump, nor how seriously wrong and unethical this is. And, since there’s no longer any doubt that you are a Fox News pundit, maybe you aren’t aware of the Judge’s comments about Stone’s arrogance and lying.

    And, BTW: are you aware that other jurors have come to the defense of the jury forewoman? Probably not.

  12. When will the Bidens have their turn in Federal Court?

    Joe, Hunter, James…..all of them whOring our government for their enrichment

    “FBI Raids James Biden-Tied Business”

    RealClearInvestigations
    February 17, 2020

    FBI agents last month raided the home of the CEO of a bankrupt hospital chain and one of its hospitals in Pennsylvania in new signs of trouble for a company central to accusations of influence-peddling by James Biden, brother of former Vice President Joe Biden.

  13. Isn’t all this feigned outrage & angst of our pervasive marxist media wholly indicative of the depth of bias we Americans are forced to filter daily if not hourly? It’s utterly disgusting & disheartening with what the left has gotten away with & continue to get away with over these past nearly 4 years! It’s hard to imagine just how this infection was allowed to grow within our governments institutions, but the true heinous crimes were committed by the conspirators who knowingly planted and fostered this political infection.

  14. Gee, so, you’re saying the media whipped up a frenzy, based on what all these disgruntled former prosecutors had to say, who all don’t like Trump, so they maligned him, and maligned Barr, said there’s a dictatorship at hand, etc etc etc? One hyperbole and falsehood after another? Any apologies, guys?

    Gosh, how’s our vaunted free press working out folks ?

    1. Dear Kurtz; Judge Jackson commented on the fact that Main Justice does NOT usually intervene and override the prosecutor’s sentencing recommendation. The prosecutors are disgruntled over Barr allowing himself to be used by a fat, lying, narcissist who brags about assaulting women. The Sentencing Guidelines were one of several factors to be considered in sentencing Stone.

      The “whipped up.. frenzy” was over Trump controlling the DOJ, and the AG allowing himself to be used as a tool by the Executive Branch. That is truly frightening.

        1. Trump is: FAT
          Trump does: LIE
          Trump does: BRAG ABOUT GRABBING WOMEN BY THEIR PRIVATE PARTS

          What did I get wrong?

          The only ones who are deranged are those who are faithful disciples of this narcissistic piece of white trash.

      1. natacha;

        “The “whipped up.. frenzy” was over Trump controlling the DOJ, and the AG allowing himself to be used as a tool by the Executive Branch. That is truly frightening.”
        *******************************
        Cry it to the authors of Article II. Exactly where does it state the POTUS can’t control every phase of a criminal investigation brought by DOJ and the AG whom he appoints (with consent) and who works for him.

        1. Barr works for the AMERICAN PEOPLE, NOT TRUMP. Losers like Giuliani and Kellyanne work for Trump. The Attorney General’s job is to administer laws passed by Congress on behalf of the American people, not to try to help Trump’s cronies avoid prosecution and/or punishment. The decisions Barr makes are supposed to be those consistent with the oath he took to protect and defend the Constitution, not Trump.

          Are you trying to claim that the DOJ is required to answer to Trump, and/or that he has some right to dictate what laws get enforced and which actors are immune from prosecution? Where is the authority for that? Do you not see what’s wrong with this line of thinking, especially for a scofflaw like Trump, who already thinks he can do as he pleases?

          1. LOL THE PEOPLE ELECT THE PRESIDENT., HE IS THE CEO of the US

            PRESIDENT APPOINTS CABINET OFFICERS INCLUDING AG

            AG HEADS UP DOJ. AG is subject to advice and consent of Senate.
            Ag can be REMOVED by the POTUS
            can also be impeached like other federal office holders.

            This is civics 101. Or you should have learned this in law school. Basic stuff. try wiki if you need help.

            1. Kurtz: Most of the American people who voted, voted against Trump. He cheated his way into our White House with the help of a hostile foreign adversary. His presence in our White House does not reflect the will of the majority, who have never supported him and most of whom want him gone. Just because an AG is appointed by the Executive, doesn’t mean s/he is an instrument of the Executive Branch, nor that his/her prosecutorial decisions are or should be dictated by the Executive Branch. The oath taken by the AG is to protect and defend the Constitution, not the Executive, and to enforce the laws…all the laws….against all those who break them…not just those approved by King Donald of the Order of Bone Spurs. The danger of an Executive controlling the DOJ is the stuff of Hitler’s Germany. What’s to stop King Donald from demanding that all of his critics be arrested?

              You might just want to review the Rules of Professional Conduct as they pertain to prosecutors.

                1. et al:

                  OT:

                  So I had Ted Nugent’s song Stranglehold on a loop as some back ground music as I’m reading. I think sometimes very misunderstood some by some people. One of the greatest guitar solos.

                  I had to restart it but happened to glance at a few of the comments, LOL;) :

                  Chris Sarcino
                  Chris Sarcino
                  9 months ago
                  I don’t often listen to Ted Nugent… But when I do so do my neighbors
                  1.9K
                  Diego Serrato
                  Diego Serrato
                  1 month ago
                  This song instantly adds ten horsepower to anything
                  136
                  eddie bklyn
                  eddie bklyn
                  1 month ago
                  My neighbor loved this song so much, she called the cops so they could enjoy it.
                  127
                  No Rehab for Hounds
                  No Rehab for Hounds
                  1 month ago
                  My neighbor loves this so much. He threw a tire iron through my window so as he could hear it better.
                  195
                  John Crafton
                  John Crafton
                  2 months ago (edited)
                  The perfect song to slow walk into the court room for your domestic violence hearing.
                  450

                    1. I like different kinds of music if I enjoy it.

                      So some of the very first harder rock music I listened to was from one of my friends that had it. Ted Nugent & the Amboy Dukes? I think. Not much there.

                      But 45 years ago Ted comes out with Stranglehold.

                      And yet today I don’t have even a mildly successful song. Damn it. lol

                      The adult version of Double Live Gonzo I couldn’t keep the b8stards from stealing it. That & Pink Floyd, Willie Nelson, Merle Haggard stuff .

                      lol Then later we end up with Kid Rock out Detroit hooking up Hank Jr..

                      50 years ago it seemed it wasn’t allowed to listen to different types of music only to find in recent decades US intel groups were intentional attempting to break people up into groups so they could guide us at their whim.

                      We started a play list a few years back then stopped. I think we could make one that could months withone ever playing the same song twice.

                      And that’s just US music.

              1. oh wow now Natch says he’s not only a puxxy grabber, narcissist, fat, etc but now he’s HITLER!!! REEEEEEEEE!.

                Anyhow, you have the kind of typical attitude that people who never had to take orders will often articulate, that oath is to constitution not a person, etc. Um, sounds great except A PIECE OF PAPER CAN’T TALK OR GIVE ORDERS. Men and women of flesh and bone, who are in authority, can and do.

                ONLY a human being can occupy the office which is created by that paper and exercise its prerogatives. HE GETS TO DECIDE and that is the ESSENCE of the constitutional order, and SUBORDINATES have to FOLLOW orders not MAKE UP THEIR OWN ORDERS. That is called insubordination.

                anyhow you make me LOL when you refer to the RPC, I have quoted them here on subjects over 30 times the past few years and i hardly ever have any takers in reply and certainly not you. Don’t presume to lecture me about the RPC Missy,, I know them quite well. If you have a serious point to make, do it the way we do in disciplinary matters and quote the rule and apply it to the facts. Dont just wave at the book like it gives you some special authority for your own specious opinions about politics!

  15. Twitter says (I know, I know), that during sentencing, the judge lambasted Stone for crimes that he was not convicted off.

    Also there appears to have been some shenanigans on the part of the jury foreman; are there grounds for an appeal (that has some chance of success)?

    1. I see this individual judge in too many controversial news stories lately. Why does she get to do all the trials and sentencing for the matters the Dems are pushing?

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