周四,华盛顿特区的一名联邦法官就最近卷入对罗杰·斯通的审判的事件,猛烈抨击司法部律师。罗杰·斯通是一名长期的共和党特工,也是前特朗普竞选顾问。
斯通,是谁11月,他被判犯有所有7项重罪艾米·伯曼·杰克逊法官因在2016年俄罗斯选举干涉中向国会撒谎、篡改证人并阻碍国会调查其与维基解密的联系而被判处40个月监禁,或3年多一点。
他还被处以2万美元罚款、两年缓刑和250小时社区服务。
“如果不受惩罚,这将不会是另一方的胜利。每个人都输了,”杰克逊对一个明显没有感情的斯通说。"因此,对被告好斗的沮丧和厌恶应该超越党派."
“这个案子没有一点是开玩笑的。一点也不好笑。这不是噱头,也不是恶作剧。”
这一判决远低于DOJ最初建议的7至9年刑期,而且就在上周,当总统在推特上公开发表批评量刑建议、法官甚至检察官的帖子时,斯通的案件震惊了司法部。
随后的结果是DOJ要求“少得多”的监禁时间,尽管缺乏细节。在一次直接的指责中,该案的四名职业检察官迅速离职,其中一人完全离开了政府部门。
杰克逊间接指责了DOJ的决定,其中涉及司法部长威廉巴尔,削弱自己的律师。
“对于那些对此不熟悉的人,或者上周醒来并被说服认为指导方针过于苛刻的人,”她说,该建议是“建议性的,而不是强制性的。”杰克逊接着说,她有“权力和义务”做出她认为合适的适当的判决。
2月20日,唐纳德·特朗普总统的前顾问罗杰·斯通抵达华盛顿特区的巴雷特·普雷蒂曼美国法院
“辩护律师和许多法官长期以来一直在强调这一点,”她继续说道。“但我们通常无法让政府同意。”
杰克逊还对新的检察官团队缺乏对此案的了解表示担忧,考虑到他们是在一年多后结案的前几天加入的。
“我担心你对这个案子了解得更少,看到的证词和证物也比法庭上其他任何人都少,”她说。
尽管围绕着DOJ和总统的政治闹剧不断,杰克森说她的判决没有动摇。
讲座结束后,检察官约翰·克拉布进行了多方面的道歉和解释。他说最初的团队写了第一份判决备忘录,他是批准过程的一部分。最后,克拉布解释说,关于巴尔的期望有一个“误解”。鉴于杰克逊有机会进行详细阐述,他拒绝了,理由是他不想公开自己的个人意见。
“我想声明并强调最初的判决备忘录是出于善意,”克拉布说。"量刑不是一门精确的科学,理性的头脑可能会有所不同."
他似乎支持对斯通处以更严厉的刑罚,这更符合司法部最初的提议,而不是其后续建议。
“法院应该规定一个相当长的监禁期,”克拉布补充说,但没有提供具体细节。"这次起诉是正义的,这次起诉也是正义的。"
尽管被判刑,被称为“肮脏骗子”的斯通不会立即被送进监狱。
陪审团女领班在社交媒体上发布的反特朗普帖子加剧了斯通辩护团队对陪审员不当行为的指控,并引发了一场新审判的动议。杰克逊将决定是否批准他的请求,在这种情况下,斯通的判决将是无效的。
但是杰克逊,以她一贯的无拘无束的方式,在整个审判过程中不乏对斯通的嘲笑和对他行为的辩护,她称之为“那又怎样?”争论。
“辩方可以说,‘那又怎么样?’“但是我要说,”杰克逊说国会关心。美国司法部和美国检察官办公室对此表示关注。在不同情况下正直服务的陪审员关心。美国人民关心。我在乎。"
仿效几起有争议的赦免和减刑本周早些时候,斯通的判决引发了人们对特朗普是否会将他的前竞选顾问从牢狱中解救出来的担忧。共和党人警告他不要在选举前采取这样的行动,但是在斯通被判刑后,他拒绝排除这种可能性。
“我希望这个过程能够顺利进行。我认为这是最好的办法,因为我希望罗杰被证明无罪,”特朗普告诉记者。“我个人认为他受到了非常不公平的待遇。他们谈论篡改证人,但被篡改的人似乎对此没有太大问题。”
杰克逊诬陷斯通的罪行是出于保护特朗普的动机,这将使总统赦免在政治上站不住脚。
“他没有因为支持总统而被起诉,”杰克逊说。"他因包庇总统而被起诉。"
许多民主党人已经表示,特朗普在此类法律问题上坚持己见构成了最高级别的腐败。他们再次要求巴尔辞职,2000多名前DOJ官员也呼吁这样做。
众议院情报委员会主席亚当·希夫(位于加州)在推特上写道:“这是不言而喻的,但是当斯通为了保护特朗普而犯下罪行时,赦免他将是一种令人震惊的腐败行为。”。
FEDERAL JUDGE SLAMS ROGER STONE PROSECUTORS WHILE GIVING HIM 40-MONTH SENTENCE, SAYS 'NOTHING ABOUT THIS CASE WAS A JOKE'
Afederal judge in Washington, D.C., tore into Department of Justice attorneys Thursday over the recent events that have embroiled the trial of Roger Stone, a longtime Republican operative and former Trump campaign adviser, in controversy.
Stone, who was convicted in November on all seven felony charges against him for lying to Congress, witness tampering and obstructing a congressional investigation involving his contacts with WikiLeaks amid Russian election interference in 2016, was sentenced by Judge Amy Berman Jackson to 40 months in prison, or a little more than three years.
He was also handed a $20,000 fine, two years probation and 250 community service hours.
"If it goes unpunished, it will not be a victory for one party of another. Everyone loses," Jackson told a visibly emotionless Stone. "For that reason the dismay and disgust at the defendant's belligerence should transcend party."
"Nothing about this case was a joke. It wasn't funny. It wasn't a stunt and it wasn't a prank."
The sentencing was far less than the seven to nine years originally recommended by DOJ, and it comes amid Stone's case rocking the department last week when the president inserted himself publicly with the post of a tweet criticizing the sentence proposal, the judge and even the prosecutors.
The subsequent effect was a request for "far less" prison time from DOJ, though it lacked specifics. In a direct rebuke, the four career prosecutors on the case quickly removed themselves, and one of them left government service entirely.
Jackson indirectly rebuked the decision by DOJ, which involved Attorney General William Barr, to undercut their own attorneys.
"For those of you who are new to this or woke up last week and became persuaded that the guidelines were too harsh," she said, the recommendation is "advisory and not mandatory." Jackson went on to say that she has "the authority and the duty" to make an appropriate sentence as she sees fit.
Former advisor to President Donald Trump, Roger Stone, arrives at the E. Barrett Prettyman United States Courthouse, on February 20 in Washington, D.C.
"Defense attorneys and many judges have been making that point for a long time," she continued. "But we don't usually succeed in getting the government to agree."
Jackson also expressed concern that the new team of prosecutors lacked knowledge of the case, considering they joined just days before it came to a close after more than a year.
"I fear that you know less of the case, saw less of the testimony and the exhibits than just about anyone else in this courtroom," she said.
Despite the political drama swirling around DOJ and the president, Jackson said her sentence was not swayed.
The lecture was followed by prosecutor John Crabb offering a multi-pronged apology and explanation. He said the original team wrote the first sentencing memo and that he was part of the approval process. Ultimately, Crabb explained there was a "miscommunication" as to what Barr's expectations were. Given the opportunity by Jackson to elaborate, he declined, citing personal deliberations he did not wish to make public.
"I want to state and emphasis the original sentencing memorandum was done in good faith," Crabb said. "Sentencing is not an exact science, and reasonable minds can differ."
He appeared to back a harsher sentence for Stone, one that would be more in line with the department's original proposal rather than its followup recommendation.
"The court should impose a substantial period of incarceration," Crabb added, but failed to offer specifics. "This prosecution was and this prosecution is righteous."
Despite receiving his sentence, Stone, known as a "dirty trickster," will not be immediately carted off to prison.
Anti-Trump social media posts by the jury forewoman have fueled allegations by Stone's defense team of juror misconduct and spawned a motion for a new trial. Jackson will determine whether his request should be granted, in which case Stone's sentence would be null and void.
But Jackson, in her usual no holds barred fashion, had no shortage of ridicule for Stone and the defense of his actions throughout the trial's proceedings, which she characterized as a "so what?" argument.
"The defense can say, 'so what.' But I'll say this," Jackson said. "Congress cared. The United States Department of Justice and U.S. Attorneys Office cared. The jurors who served with integrity under diff circumstance cares. The American people cared. And I cared."
In the wake of several controversial pardons and commutations earlier this week, Stone's sentencing raises the specter of whether Trump will save his former campaign adviser from ever going to prison. Republicans have warned him against taking such action ahead of the election, but his refusal to rule out the possibility persisted in the wake of Stone's sentencing.
"I want the process to play out. I think that's the best thing to do because I'd love to see Roger exonerated," Trump told reporters. "I personally think he was treated very unfairly. They talk about witness tampering but the man that he was tampering didn't seem to have much of a problem with it."
Jackson framed Stone's crimes as fueled by the motivation to protect Trump, something that would make a presidential pardon land on politically shaky ground.
"He was not prosecuted for standing up for the president," Jackson said. "He was prosecuted for covering up for the president."
Many Democrats have already said Trump asserting himself into such legal matters constitutes the highest level of corruption. They've rehashed demands for Barr to resign, something more than 2,000 former DOJ officials have also called for.
"It should go without saying, but to pardon Stone when his crimes were committed to protect Trump would be a breathtaking act of corruption," House Intelligence Committee Chairman Adam Schiff (D-Calif.) wrote on Twitter.