Critical Rights and Rule-of-Law Concern

Roger Stone: Convicted of Seven Felonies, Sentence Commuted, Then Pardoned

Stone was charged with lying to the House Intelligence Committee about his contacts with WikiLeaks during the 2016 campaign, when he served as an intermediary between the Trump campaign and WikiLeaks regarding the release of hacked Democratic emails. He also threatened a witness — radio personality Randy Credico, whom he called a 'rat' and threatened to harm his therapy dog — to prevent him from contradicting Stone's testimony. The jury of twelve convicted Stone on every count after deliberating for two days. Four prosecutors resigned from the case after the Justice Department overrode their sentencing recommendation of 7 to 9 years with a more lenient one, following Trump's tweet calling the original recommendation 'very unfair.' The federal judge sentenced Stone to 40 months.

Overview

Stone was convicted by a unanimous jury on seven felony counts: lying to Congress seven times about his contacts with WikiLeaks during the 2016 campaign, tampering with a witness, and obstruction. Trump tweeted that the sentencing recommendation was unfair. The Department of Justice overrode its own career prosecutors the same day — all four resigned. Trump commuted the sentence before Stone served a day in prison, then pardoned him fully five months later.

The Lies

Stone testified before the House Intelligence Committee about his contacts with WikiLeaks and the role he played as an informal intermediary between the Trump campaign and the release of hacked Democratic emails. He lied about which person had served as his backchannel to WikiLeaks. He lied about having documents. He lied about his communications with the Trump campaign regarding WikiLeaks. He lied seven times.

He also tried to prevent the truth from coming out. Randy Credico, the radio host who had connected Stone to Julian Assange, could correct the record. Stone threatened him: told him to prepare to die, threatened his therapy dog, called him a rat. The jury found this constituted witness tampering.

The Sentencing Intervention

Career prosecutors spent months building the case. When they submitted their sentencing recommendation — 7 to 9 years, consistent with federal guidelines for the conduct — Trump tweeted that it was very unfair and horrible.

The same day Trump tweeted, DOJ leadership filed a new sentencing recommendation for a lesser sentence. Four career prosecutors resigned from the case in protest rather than put their names on the revised filing. Attorney General Barr acknowledged publicly that Trump's tweet had made his job harder — while denying Trump had directed the change.

The sequence — tweet, same-day override, mass resignation — made the intervention obvious in a way that the government did not successfully explain away.

The Pardon

Stone served no prison time. The commutation came days before he was due to report. The pardon followed five months later. Stone and Trump had known each other since the 1980s. Stone has a Richard Nixon tattoo on his back.

The pardon erased the convictions from the record. It did not change what the jury found.

Timeline

Sequence of events

  1. Stone arrested in pre-dawn FBI raid — seven felony charges

    FBI agents arrest Stone at his Fort Lauderdale home in a pre-dawn raid. CNN is present, having been tipped. Stone is charged with obstruction, five counts of false statements to Congress, and one count of witness tampering related to his role as an intermediary between the Trump campaign and WikiLeaks.

  2. Jury convicts Stone unanimously on all seven counts

    After two days of deliberation, a jury of twelve unanimously convicts Stone on all seven felony counts. Stone is one of several people in Trump's orbit convicted by juries or who pleaded guilty to federal crimes arising from the Mueller investigation.

  3. Trump tweets criticism of sentencing recommendation — prosecutors resign

    Career prosecutors recommend 7 to 9 years consistent with guidelines. Trump tweets the recommendation is 'very unfair.' The same day, DOJ leadership files a new, more lenient recommendation. All four career prosecutors resign from the case in protest. Attorney General Barr denies Trump directed the change but acknowledges Trump's tweet made his job harder.

  4. Judge sentences Stone to 40 months

    Judge Amy Berman Jackson sentences Stone to 40 months in prison. She rejects arguments about prosecutorial unfairness. Stone says he will appeal. The judge later denies his motion for a new trial.

  5. Trump commutes Stone sentence — Stone does not report to prison

    Trump commutes Stone's sentence days before Stone was required to report to prison. Stone serves no prison time. Trump says Stone was treated unfairly by the justice system.

  6. Trump grants Stone a full pardon

    Trump grants Stone a full pardon on December 23, 2020, less than a month before leaving office. The pardon wipes Stone's convictions. Stone publicly praises Trump.

Sources

  1. Roger Stone Sentencing: Prosecutors Quit After Justice Dept. Overrides Their Recommendation — The New York Times
  2. Roger Stone convicted on all seven counts — The Washington Post
  3. Trump commutes sentence of Roger Stone, longtime friend and ally — The Associated Press
  4. Mueller Report Volume I — Stone and WikiLeaks — U.S. Department of Justice / Special Counsel archived ✓

Verification

Publication provenance

Related records

Updated May 11, 2017 Rule of Law
Critical Rights and Rule-of-Law Concern

James Comey Firing: Obstruction of the Russia Investigation

The Comey firing followed Trump's request to Comey for 'loyalty' and a request to drop the investigation of Michael Flynn. Comey had declined both. After the firing, Trump told NBC: 'When I decided to …

Sources
4