« As Ohio and Tennessee delay more executions, might "incremental reopening" in Texas lead to resumption of lethal injections? | Main | Advocates pushing back on SBA disqualifying people with any record from business relief »
April 18, 2020
Will Prez Trump use his clemency pen to "rescue" his pal Roger Stone from federal prison?
As this Hill piece details, Prez Trump has used his Twitter fingers to call out the last bad legal development for his long-time pal Roger Stone:
President Trump late Friday denounced a judge's decision to deny Roger Stone a new trial after lawyers for the longtime GOP operative and former Trump campaign adviser raised concerns about one juror's political leanings.
“This is a disgraceful situation!” Trump wrote on Twitter, sharing a tweet blasting the decision and calling for a pardon for Stone.
Stone was found guilty in 2019 of obstructing a congressional probe into Russia's election interference and of witness tampering. He was sentenced in February to more than three years in prison but has vociferously maintained his innocence.
His lawyers had asked for a new trial after raising concerns about one juror's political leanings, prompting Trump to allege that the trial had been rigged against his former campaign adviser. U.S. District Judge Amy Berman Jackson, an Obama appointee, ruled this week that Stone’s lawyers did not convincingly argue that any bias by the juror in question influenced the verdict....
In his first television interview since the lifting of a 16-month gag order, Stone told Fox News’s Tucker Carlson on Friday night that his prison sentence amounts to a “death sentence.”
“So at this point, the judge has ordered me to surrender in two weeks and at 67 years old with some underlying health problems, including a history of asthma, I believe with the coronavirus it is essentially a death sentence,” he said, adding that he is hoping for a pardon from Trump.
After Roger Stone's sentencing two months ago, I predicted that Prez Trump would be inclined to hold back on any possible clemency action at least until Stone's new trial motion was resolved and Stone faced the prospect of heading to prison. That time would seem to be now, and so I wonder if Prez Trump may now be inclined to follow-up on his tweet by taking out his clemency pen.
It bears recalling that Prez Trump last month, as noted in this post, said his administration was "looking at" using executive authority to free elderly, nonviolent offenders from federal prisons in response to the coronavirus pandemic. From a press report on the comment: "We have been asked about that and we're going to take a look at it. It's a bit of a problem," Trump said, "We're talking about totally nonviolent prisoners, we are actually looking at that, yes."
Notably, Roger Stone would certainly qualify as a elderly, nonviolent offender, even a "totally nonviolent prisoner." I am now wondering if Prez Trump might be thinking now that he could deliver on his prior talk by granting clemency to a number of federal prisoners with Roger Stone's name just happening to get tucked into the list.
Prior related posts:
- For Roger Stone, federal prosecutors advocate for within-guideline sentence of 7.3 to 9 years in prison ... which Prez Trump calls a "miscarriage of justice!"
- DOJ now says "sentence of incarceration far less than 87 to 108 months [for Roger Stone] would be reasonable under the circumstances"
- Would it be improper for a President to write a character letter for a defendant facing federal sentencing?
- Just some (of lots and lots of) commentary about Roger Stone(d) federal sentencing process
- Over 1000 former DOJ employees calling for Attorney General William Barr to resign
- Roger Stone case generating some useful reflections on federal sentencing challenges and problems and lessons
- Roger Stone gets 40-month federal prison sentence ... but will he ever actually serve it?
- Is Prez Trump legally unable to grant clemency to Roger Stone?
April 18, 2020 at 10:10 PM | Permalink