The Justice Department dispensed its recommendation of a prison sentence of seven to nine years for Roger Stone and replaced it with a more lenient request.
A Tuesday evening court filing, which said the prior recommendation did “not accurately reflect the Department of Justice’s position on what would be a reasonable sentence in this matter,” came after all four prosecutors in the case withdrew from their roles.
“While it remains the position of the United States that a sentence of incarceration is warranted here, the government respectfully submits that the range of 87 to 108 months presented as the applicable advisory guidelines range would not be appropriate or serve the interests of justice in this case,” U.S. Attorney for D.C. Timothy Shea wrote.
A range “more in line with the typical sentences imposed in obstruction cases” would be three to four years, Shea said, adding that the government “ultimately defers to the court as to the specific sentence to be imposed.”
Stone, a longtime confidant to President Trump, was found guilty in November on five separate counts of lying to the House Intelligence Committee in its investigation into Russian election interference, in addition to one count that he “corruptly influenced, obstructed, and impeded” the congressional investigation and another that he attempted to “corruptly persuade” radio show host Randy Credico’s congressional testimony.
The two-week jury trial centered on Stone’s apparently false claims of being in communication with WikiLeaks and on his actions taken during the 2016 election and beyond. The 67-year-old was never accused by prosecutors of criminally conspiring with Russia or any other foreign actors.
After prosecutors recommended up to nine years in prison on Monday, Trump tweeted it was “disgraceful” and said he “cannot allow this miscarriage of justice.”
Facing questions about whether he played a role in the Justice Department’s move to lessen Stone’s recommended sentence, Trump denied having any direct involvement. “I didn’t speak to them,” Trump told reporters on Tuesday. “I stay out of things to a degree people wouldn’t believe.”
Still, Democrats suspect favoritism may have been a factor. Senate Minority Leader Chuck Schumer wrote to the Justice Department inspector general on Tuesday to request an investigation into the reduced sentencing recommendation for Stone.
After it became clear the Justice Department was preparing to backtrack on its harsher sentencing recommendation, all four prosecutors in the Stone case, including three who served on special counsel Robert Mueller’s team, withdrew from their roles. Shea told the court that Assistant U.S. Attorney John Crabb was joining the case in the wake of the resignations.
In explaining the recommendation walk back, the Justice Department told the court that “the most serious sentencing enhancement” used to recommend the stiff sentence on Monday related to “threatening to cause physical injury,” which was “disputed by the victim of that threat, Randy Credico, who asserts that he did not perceive a genuine threat from the defendant.”
“I never in any way felt that Stone himself posed a direct physical threat to me or to my dog,” Credico said in a post-conviction letter to the court. “I chalked up his bellicose tirades to ‘Stone being Stone.’ All bark and no bite!”
The Justice Department also argued on Tuesday that “it is unclear to what extent the defendant’s obstructive conduct actually prejudiced the government at trial” and that the court must “avoid unwarranted sentencing disparities.” The Justice Department said seven to nine years behind bars would be closer to “cases involving violent offenses, such as armed robbery, not obstruction cases.”
“The court also should consider the defendant’s advanced age, health, personal circumstances, and lack of criminal history in fashioning an appropriate sentence,” the Justice Department said.
Judge Amy Jackson, the Obama appointee who presided over Stone’s trial, will hand down his sentence on Feb. 20.
