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Roger Stone Convicted on All Seven Felony Counts for Lying to Congress and Witness Tampering

Legal Nov 15, 2019
Our Analysis: Concerning

Stone's conviction established that Trump's longest-serving political adviser lied to Congress about his contacts with WikiLeaks during the 2016 campaign and threatened a witness to prevent his testimony. Trump's commutation—days before Stone was to report to prison—and subsequent pardon raised significant questions about the use of clemency powers for allies who refused to cooperate with investigators. Stone is one of at least ten Trump associates to face criminal consequences, a pattern that distinguishes this administration's inner circle from modern historical norms.

Details

On November 15, 2019, a federal jury in Washington, D.C. convicted Roger Stone on all seven felony counts brought by Special Counsel Robert Mueller's office: one count of obstruction of a proceeding, five counts of making false statements to Congress, and one count of witness tampering. Stone, a longtime political adviser to Donald Trump and self-described "dirty trickster", was the last defendant prosecuted in connection with the Mueller investigation into Russian interference in the 2016 election.

The Charges

According to the Special Counsel's indictment filed January 24, 2019, Stone lied to the House Permanent Select Committee on Intelligence (HPSCI) during its investigation into Russian election interference. The indictment alleged Stone:

  • Falsely testified that he had no emails or text messages about WikiLeaks or its founder Julian Assange, when in fact he possessed numerous such communications
  • Falsely claimed his only intermediary to WikiLeaks was radio host Randy Credico (identified as "Person 2"), when he had also directed conservative author Jerome Corsi (identified as "Person 1") to contact Assange
  • Falsely denied asking intermediaries to communicate with WikiLeaks on his behalf
  • Falsely denied communicating with intermediaries via text or email
  • Falsely denied discussing his WikiLeaks contacts with anyone in the Trump campaign

The indictment also charged Stone with witness tampering for pressuring Credico to provide false testimony or invoke his Fifth Amendment rights. According to the indictment, Stone told Credico to "'Stonewall it. Plead the fifth. Anything to save the plan' . . . Richard Nixon" and urged him to do a "Frank Pentangeli"—a reference to a character in The Godfather: Part II who lies to Congress. Stone also sent threatening messages to Credico, including "Prepare to die [expletive]" and threatening to "take that dog away from you."

Connection to WikiLeaks and the Trump Campaign

The Mueller indictment detailed extensive communications between Stone and Trump campaign officials about WikiLeaks' plans to release hacked Democratic emails:

  • In the summer of 2016, Stone informed senior Trump campaign officials that he had information indicating WikiLeaks possessed documents damaging to Hillary Clinton
  • After WikiLeaks released stolen DNC emails on July 22, 2016, "a senior Trump Campaign official was directed to contact STONE about any additional releases"
  • On October 7, 2016, shortly after WikiLeaks released the first batch of Clinton campaign chairman John Podesta's emails, "an associate of the high-ranking Trump Campaign official sent a text message to STONE that read 'well done'"
  • Stone subsequently "claimed credit for having correctly predicted the October 7, 2016 release"

Former Trump campaign deputy chairman Rick Gates testified at trial that Stone told campaign associates in April 2016 about WikiLeaks' plans to release documents—far earlier than previously known—and that Trump himself had spoken with Stone about the forthcoming releases.

Sentencing

On February 20, 2020, U.S. District Judge Amy Berman Jackson sentenced Stone to 40 months (3 years and 4 months) in federal prison and a $20,000 fine. The sentencing followed controversy over the Justice Department's handling of the case.

Career prosecutors initially recommended 7-9 years under federal sentencing guidelines, citing enhancements for Stone's threats to a witness and repeated violations of court orders (including posting an image of Judge Jackson with a crosshair near her head). After President Trump publicly criticized the recommendation on Twitter, senior DOJ officials—under Attorney General William Barr—intervened to recommend a lighter sentence. All four career prosecutors withdrew from the case in protest, with one resigning from the Justice Department entirely.

Prosecutor Aaron Zelinsky later testified to the House Judiciary Committee: "I have never seen political influence play any role in prosecutorial decision making. With one exception: United States v. Roger Stone."

Commutation and Pardon

On July 10, 2020—days before Stone was scheduled to report to a federal penitentiary in Georgia—President Trump commuted his sentence. The commutation eliminated Stone's prison term, supervised release, and the $20,000 fine, though it did not erase the conviction.

Throughout the investigation, Trump had repeatedly praised Stone for not "flipping" against him. In December 2018, Trump tweeted: "'I will never testify against Trump.' This statement was recently made by Roger Stone, essentially stating that he will not be forced by a rogue and out of control prosecutor to make up lies and stories about 'President Trump.' Nice to know that some people still have 'guts!'"

On December 23, 2020, Trump issued a full pardon to Stone, citing "prosecutorial misconduct" and "potential political bias" in the jury trial. The White House statement noted Stone's age and "numerous medical conditions."

Political Response

Republican criticism: Senator Ben Sasse (R-NE) called Trump's clemency grants to Stone and others "rotten to the core."

Democratic condemnation: House Speaker Nancy Pelosi called the commutation "an act of staggering corruption." House Intelligence Committee Chairman Adam Schiff called it "a real body blow to the rule of law in this country."

Post-Pardon Activities

After receiving his pardon, Stone became involved in efforts to challenge the 2020 election results. On November 5, 2020—two days after the presidential election—Stone dictated a message stating that "any legislative body" with "overwhelming evidence of fraud" could choose their own electors. Video released in August 2023 from the documentary A Storm Foretold showed Stone had been pushing to overturn state election results before the election was even called for Joe Biden.

Stone appeared at the "Stop the Steal" rally on January 5, 2021, at Freedom Plaza. The Washington Post reported that video footage showed Stone meeting with members of the Oath Keepers—later convicted of seditious conspiracy for their role in the January 6 Capitol attack—on the day of the attack. The House Select Committee investigating January 6 subpoenaed Stone, who appeared but invoked his Fifth Amendment rights.