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Earlier This Year, Billy Barr Minimized Threats of Violence against Judges

Billy Barr lies, a lot.

One of the things he has lied about — first anonymously to irresponsible beat reporters and then repeatedly on the record — is that Amy Berman Jackson agreed with his sentencing recommendation in the Roger Stone case. To Steve Inskeep, for example, Barr first lied by hiding that he created a dispute by replacing Jesse Liu with his crony Timothy Shea  so Shea could start disagreeing with prosecutors.

I was the decision maker in that case because there was a dispute. And usually what happens is, disputes, especially in high profile cases, come up to the attorney general. It’s not unusual for there to be a dispute in a high-profile case and for it to be resolved by the attorney general. And what actually happened in that case is that the four prosecutors who had prosecuted the case, the first line, they wanted to recommend a seven to nine year sentence on Stone, and the U.S. attorney felt that was too severe and was not justified under the circumstances.

Barr then claimed that all he did, in replacing the sentencing memo written by prosecutors adhering to DOJ guidelines on calling for the maximum sentence with one calling for far less, was to lay out the relevant information and let Amy Berman Jackson decide.

And what I said was set forth all the relevant information and leave it to the judge’s discretion to select the right decision, which is also not uncommon in the department. And that judge actually gave the sentence that I thought was correct, which was half of what the line prosecutors were recommending. They could not point to any case even remotely close to the seven to nine year sentence. The cases were essentially centered on about two and a half to three years. The judge gave him three years and four months, which I thought was a fair sentence under the circumstances. And it was essentially what I was proposing, or thought was fair. And so the proof of the pudding is in the eating. I made that decision based on what I was felt was fair to that person.

Aaron Zelinsky has made it clear that, in fact, even in the first memo, prosecutors were ordered to downplay certain information.

The more important detail — given that an anti-feminist Trump supporter allegedly targeted the family of federal judge Esther Salas, killing her son and also shooting her spouse — is how he overrode the sentencing recommendation of prosecutors.

As I laid out in this post, prosecutors asked for the following enhancements:

  • 8 levels for the physical threats against Randy Credico
  • 3 levels for substantial interference
  • 2 levels for the substantial scope of the interference
  • 2 levels for obstructing the administration of justice

The last of these, per the original sentencing memo, had to do with Stone’s threats against ABJ.

Finally, pursuant to U.S.S.G. § 3C1.1, two levels are added because the defendant “willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice with respect to the prosecution of the instant offense of conviction.” Shortly after the case was indicted, Stone posted an image of the presiding judge with a crosshair next to her head. In a hearing to address, among other things, Stone’s ongoing pretrial release, Stone gave sworn testimony about this matter that was not credible. Stone then repeatedly violated a more specific court order by posting messages on social media about matters related to the case.

This enhancement is warranted based on that conduct. See U.S.S.G. § 3C1.C Cmt. 4(F) (“providing materially false information to a magistrate or judge”); see, e.g., United States v. Lassequ, 806 F.3d 618, 625 (1st Cir. 2015) (“Providing false information to a judge in the course of a bail hearing can serve as a basis for the obstruction of justice enhancement.”); United States v. Jones, 911 F. Supp. 54 (S.D.N.Y. 1996) (applying §3C1.1 enhancement to a defendant who submitted false information at hearing on modifying defendant’s conditions of release).

Barr’s memo got to the outcome he wanted by eliminating the 8-point enhancement for physically threatening Credico and the 2-point enhancement for threatening ABJ.

The memo suggested the 8-level enhancement shouldn’t apply, first, because doing so would double Stone’s exposure.

Notably, however, the Sentencing Guidelines enhancements in this case—while perhaps technically applicable— more than double the defendant’s total offense level and, as a result, disproportionately escalate the defendant’s sentencing exposure to an offense level of 29, which typically applies in cases involving violent offenses, such as armed robbery, not obstruction cases. Cf. U.S.S.G. § 2B3.1(a)-(b). As explained below, removing these enhancements would have a significant effect on the defendant’s Guidelines range. For example, if the Court were not to apply the eight-level enhancement for threatening a witness with physical injury, it would result in the defendant receiving an advisory Guidelines range of 37 to 46 months, which as explained below is more in line with the typical sentences imposed in obstruction cases.

[snip]

Then, Barr’s memo argued (and this is the truly outrageous argument) that Stone’s attempts to obstruct his own prosecution overlapped with his efforts to obstruct the HPSCI investigation.

Second, the two-level enhancement for obstruction of justice (§ 3C1.1) overlaps to a degree with the offense conduct in this case. Moreover, it is unclear to what extent the [defendant’s obstructive conduct actually prejudiced the government at trial.]

Effectively, this language treated threats against a judge as unworthy of enhancement.

The Attorney General of the United States found a way to go easy on the President’s life-long rat-fucker by downplaying the importance of threats against those participating in trials.

ABJ disagreed with both of those changes (though she did rule against the government’s enhancement on scope), taking Credico’s letter asking for leniency into account but also noting that in his grand jury testimony Credico had described being genuinely fearful of Stone’s thuggish buddies, and insisting on the import of the threat against her.

She got to close to the same conclusion as Barr, however, because she believes that sentencing recommendations are too harsh.

On one side, Barr dismissed the import of physical threats against a witness and a judge (while otherwise backing harsh sentencing). On the other side, ABJ insisted in the import of threats to participants in the judicial system, while finding sentencing recommendations generally too harsh.

ABJ in no way agreed with Barr’s logic, in part because she felt it important to punish threats against judges. Barr, however, thought it more important to go easy on Trump’s rat-fucker than reinforce the danger of threats to judges.

Then Trump commuted Stone’s sentence, showing that he doesn’t much give a damn if people threaten witnesses and judges either (unsurprisingly, because he does so much of it himself).

In the wake of the attack on Salas, Barr has taken to the press, proclaiming how serious he thinks such attacks to be.

U.S. Attorney General Bill Barr also offered his condolences to Judge Salas and her family.

“This kind of lawless, evil action carried out against a member of the federal judiciary will not be tolerated, and I have ordered the full resources of the FBI and U.S. Marshals Service to investigate the matter,” Barr said in a statement.

Bullshit.

You don’t get to proclaim how serious you think attacks on judges are if earlier this year you took extraordinary measures to minimize threats on a judge. The actions Barr and Trump took earlier this year sent the message that it doesn’t much matter if someone undermines the entire judicial system by intimidating judges and witnesses — particularly if they’re supporters of Trump.

Billy Barr wants you think he’s a hard ass on such violence. But earlier this year, he took unprecedented action to dismiss the import of violence against judges. No credible journalist should print his statements without explaining that Barr is part of the problem.

Roger Stone Invented a New Cover Story Rather than Defend Himself at Trial

In the wake of Friday’s commutation, I’ve been prepping to write some stuff about Roger Stone I’ve long been planning.

In this post, I’d like to elaborate on a comment I made several times during the trial.

Stone’s defense, such as it existed, consisted of two efforts. Along with ham-handed attempts to discredit witnesses, Stone — as he had always done and did even after the commutation —  denied he had anything to do with “Russia collusion.” In the trial, that amounted to an attempt to claim his lies about WikiLeaks were not material, which, if true, would have undermined the false statements charges against Stone. But that effort failed, in part, because Stone himself raised how the stolen emails got to WikiLeaks early in his HPSCI testimony, thereby making it clear he understood that WikiLeaks, and not just Russia, was included in the scope of HPSCI’s investigation.

More interestingly, however, in Bruce Rogow’s opening argument for Stone, Rogow reversed his client’s claims — made during his HPSCI testimony — to have had an intermediary with WikiLeaks.

Now, the government has said something about Mr. Stone being a braggart. And he did brag about his ability to try to find out what was going on. But he had no intermediary. He found out everything in the public domain.

[snip]

And the first one at paragraph 75, it says that Mr. Stone sought to clarify something about Assange, and that he subsequently identified the intermediary, that’s Mr. Credico, who, by the way, the evidence is going to show was no intermediary, there was no go between, there was no intermediary. Mr. Corsi was not an intermediary. These people were playing Mr. Stone.

And Mr. Stone took the bait. And so that’s why he thought he had an intermediary. There was no intermediary. There were no intermediaries. And the evidence is going to show that. And I think when Mr. Credico testifies, he will confirm that he was not an intermediary.

And what is an intermediary? What is a go-between? An intermediary is someone between me and the other party. And the other party, the way the government has constructed this, was Julian Assange. And there was no intermediary between Mr. Stone and Julian Assange. It’s made up stuff.

Does it play in politics? Does it play in terms of newspaper articles and public? Did Mr. Stone say these things? You saw the clips that are going to be played. We don’t hide from those clips. They occurred. Mr. Stone said these things.

But he was playing others himself by creating for himself that notion that he had some kind of direct contact, which he later on renounced and publicly renounced it and said that is not what I meant, that is not what was happening. And to the extent that anybody thinks that Credico was a direct intermediary, a go-between between Stone and Julian Assange, Mr. Credico will destroy that notion. Mr. Corsi will destroy that notion.

All these people were playing one another in terms of their political machinations, trying to be important people, trying to say that they had more than they really had in terms of value and perhaps value to the committee, I mean, value to the campaign.

That story certainly had its desired effect. Some credulous journalists came in believing that whether Stone had an intermediary or not mattered to the outcome. Those who had reason to discount the possibility that Stone had advance knowledge of the stolen emails grasped on this story (and Jerome Corsi’s unreliability), and agreed that Rogow must have it right, that Stone was really working from public information. For a good deal of the public, then, this story worked. Roger Stone didn’t have any inside track, he was just trying to boost his value to the Trump campaign.

From a narrative standpoint, that defense was brilliant. It had the desired effect of disclaiming any advance knowledge of the hack-and-leak, and a great many people believed it (and still believe it).

From a legal standpoint, though, it was suicidal. It amounted to Roger Stone having his lawyer start the trial by admitting his guilt, before a single witness took the stand.

That’s true partly because the facts made it clear that Randy Credico not only had not tricked Roger Stone, but made repeated efforts, starting well in advance of Stone’s HPSCI testimony, to correct any claim that he was Stone’s intermediary. This is a point Jonathan Kravis made in his closing argument.

Now, the defense would have you believe that Randy Credico is some sort of Svengali or mastermind, that Randy Credico tricked Roger Stone into giving false testimony before the committee; that Randy Credico somehow fooled Roger Stone into believing that Stone’s own statements from August 2016 were actually about Credico. That claim is absurd.

You saw Randy Credico testify during this trial. I ask you, does anyone who saw and heard that man testify during this trial think for even a moment that he is the kind of person who is going to pull the wool over Roger Stone’s eyes. The person that you saw testify is just not the kind of person who is going to fool Roger Stone.

And look at the text messages and the email I just showed you. If Randy Credico is trying to fool Roger Stone about what Roger Stone’s own words meant in August 2016, why is Credico repeatedly texting and emailing Stone to set the record straight, telling him: I’m not the guy, there was someone else in early August.

Kravis also laid out the two times entered into evidence (there are more that weren’t raised at trial) where Stone coordinated his cover story with Corsi. If he really believed this story, Stone might have argued that when Corsi warned Stone that he risked raising more questions by pushing Credico forward as his intermediary, it was just part of Corsi duping him. But while he subpoenaed Corsi, Stone didn’t put him on the stand to testify to that, nor did he ever make such a claim in his defense.

There’s a more important reason why such a defense was insane, from a legal standpoint.

Rogow’s story was that Stone believed that both Credico and Corsi had inside information on the hack-and-leak, and that he was fully and utterly duped by these crafty villains.

If that were true, it would still mean Stone intended to lie. It would still mean that Stone sufficiently believed Corsi really was an intermediary when he testified to HPSCI that he believed he needed to — and did — cover up Corsi’s role. If Stone believed both Corsi and Credico had inside information on the hack-and-leak, it would mean he lied when he claimed he had one and only one interlocutor. If Stone believed both Corsi and Credico really were back channels, it would mean only one false statement charge against him — the one where he claimed Credico was his back channel (Count 3) — would be true. The rest — that he had no emails about Assange (Count 2), that he didn’t make any request of his interlocutor (Count 4), that he had no emails or text messages with his interlocutor (Count 5), and that he didn’t discuss his communication with his interlocutor with the campaign (Count 6) — would still be false.

Rogow’s claim that poor Roger Stone was too stupid to realize Corsi wasn’t really an interlocutor would suggest that Stone nevertheless acted on that false information, and successfully obstructed the HPSCI investigation anyway. Rogow was effectively arguing that Stone was stupid and guilty.

Moreover, if Stone really came to realize he had been duped, as Rogow claimed, then it would mean Stone had his lawyers write multiple follow-ups with HPSCI — including as late as December 2018 — yet never asked them to correct the record on this point.

(Compare that with Michael Caputo, who did correct the record when he learned Mueller knew of his ties with Henry Greenberg in his FBI interview.)

Those who bought this story did so because they believed Stone was all about claiming credit, so much so he was willing to face prison time rather than correct the record. But Stone sustained this story even at a time when Stone was explicitly avoiding making any claim he deserved credit for Trump’s victory.

So long as you don’t think through how insane this defense strategy was, it made a nice story, one that (as Stone’s original HPSCI testimony had) disclaimed any role in optimizing the fruits of the Russian operation and thereby protected Donald Trump. But that’s a narrative, not a legal defense, and as a legal defense this effort was absolutely insane.

That doesn’t mean we know precisely what secret Roger Stone was willing to risk prison time to hide. But Stone’s confession of guilt as a defense strategy makes it far more likely that he was — and is — still trying to keep that secret.

Credico Feared Stone Would Go to Prison; Corsi’s Lawyer Fears He Would Not

As you heard, last night Donald Trump commuted the sentence of his rat-fucker.

There’s a lot to say about whether Trump will succeed in his effort to thwart the investigation into himself. I guess I know how I’ll be spending the remaining 12 days of my quarantine: considering just that question.

I’d like to start by pointing to a curious dynamic: Randy Credico, who played a key public role in Stone’s trial and who destroyed the cover story Stone had started crafting as early as 2016, feared that Stone would go to prison and Stone’s thuggish racist buddies would harass him or worse in retaliation.

Minutes before the actual commutation, by contrast, the “lawyer” for Jerome Corsi, Larry Klayman, wrote a post arguing that Trump shouldn’t pardon Stone, in part because Stone is so guilty…

Roger Stone, contrary to the spin that is peddled by his surrogates at Fox News and elsewhere, was justly convicted of seven felony counts of perjury, witness tampering and obstruction of justice. I know because I sat in the courtroom listening and observing during his two-week trial, while the pundits seeking to gain political favor with the president by supporting his supposed friend Stone did not. Regardless of whether the judge, Amy Berman Jackson, or the jury foreperson, was biased against Stone, the hard fact of life is that Stone’s lawyers, who could have themselves been indicted for providing false information to Congress on their client’s behalf, did not present one witness, repeat, one witness, including Stone himself, in defense of the prosecutors’ case in chief.

Though Stone sat at counsel’s table frequently smirking and smiling during the trial, the bottom line is that regardless of any bias, the now-convicted felon had no defense. This in a nutshell is why he does not want a new trial, even in another forum outside of Washington, D.C., because he was convicted by his own words and deeds.

… And in part because Stone came after Credico and Klayman.

While you have done many good things in office, you need independent voters in Florida, Michigan, Pennsylvania, Wisconsin, Ohio and other so-called swing states to win reelection, so don’t blow it with a pardon for Roger Stone. He is not worth it! Believe me, I know. And, if you want to see why, just pick up a copy of my autobiography, “Whores: Why and How I Came to Fight the Establishment!” which chronicles my personal experience with this self-styled Mafia admirer and dirty trickster.

Or go on the Pacer court internet system and find the defamation complaints in Florida and elsewhere that I have been forced to file against him for my brave client Dr. Corsi and me, whom Stone smeared with disgusting slander and libel because he feared that Corsi would testify against him in his criminal trial – something Jerry never wanted to do.

Admittedly, Klayman is selling a book. Maybe that’s all there is to this.

But, as I laid out here, the real dispute between Corsi and Stone has to do with whether Corsi told the truth when he told Mueller’s prosecutors and the grand jury that an August 31, 2016 report he wrote on John Podesta was done to provide Stone a cover story for his “time in a barrel” tweet about Podesta.

Corsi himself told a lot of lies to prosecutors. But he’s willing to confront Stone — and Trump — to insist that that testimony was true.

Randy Credico, who has no fucking clue what Roger Stone did, but who played a significant part in getting him convicted, feared that Roger Stone would go to prison. But Corsi’s team, who has a much better sense what Stone did yet played little part in getting Stone convicted, feared Stone would not go to prison.

HJC Democrats Do Little to Limit Jim Jordan’s Assault on Public Health and Rule of Law

Jim Jordan, a self-purported libertarian, garnered the love of authoritarian Donald Trump by yelling. And yelling. And yelling.

But his normally obtuse manner of engagement didn’t undermine the dual threat he posed in today’s hearing on the ways Billy Barr is politicizing justice. Democrats failed to get him to abide by the committee rule that he wear a mask when not speaking (not even while sitting in close proximity to Jerry Nadler, whose wife is seriously ill). At one point, Debbie Mucarsel-Powell called him out on it. But Republicans on the committee thwarted the means by which Nadler was enforcing the rule — which was to not recognize anyone not wearing a mask — by yielding their time to Jordan.

Jordan used the time he got to attack the integrity of the witnesses unanswered, make repeated false claims about the conduct of the Russian investigation (both pre-Mueller and under him), and softball Barr’s own actions.

There were exceptions, mind you. Joe Neguse brilliantly got Michael Mukasey to talk about how normal it is — and was for him, when he had the job — for Attorneys General to show up for oversight hearings. Neguse then revealed that the last time an Attorney General had as systematically refused to appear for oversight hearings as Barr, it was Bill Barr, in his first tenure in the job. Val Demings got Mukasey to lay out that Barr himself has said the President was inappropriately interfering in investigations, but no one followed up on the significance of that admission. Likewise, after Demings got Mukasey to affirm a statement he made during confirmation to be Attorney General that he was never asked what his politics were, she didn’t follow up and ask whether it would have been appropriate for Mueller to ask prosecutors about their politics, or even for Republicans to ask Zelinsky about the partisan leanings of Mueller prosecutors in this hearing. No one used Jordan’s repeated questioning of Mukasey about the sheer number of unmaskings of Mike Flynn to ask Mukasey to lay out the real national security questions that might elicit such a concerted response to what was apparently one conversation, to say nothing of testing whether Mukasey actually understood what Jordan was misrepresenting to him.

Worse still, no Democrats asked Mukasey questions that would have laid out how complicit he is with some of Trump’s crimes, particularly the politicization of investigations into Turkey.

Then, long after Republicans sand-bagged anti-trust attorney whistleblower John Elias, presenting cherry-picked results of the whistleblower complaint he submitted, Mary Gay Scanlon circled back and laid out how he submitted the complaint, how it got forwarded, and laid out that Office of Professional Responsibility didn’t actually deal with the substance of his complaint, but instead said even if true, it wouldn’t affect the prerogatives of the department. Even there, neither she nor anyone laid out the significance of OPR (which reports to the Attorney General) reviewing the complaint, rather than DOJ IG, which has statutory independence. The way Elias got sandbagged should have become a focus of the hearing, but was not.

And no Democrats corrected the false claims Jordan made, particularly about the Flynn case, such as when he ignored how Bill Priestap got FBI to cue Flynn on what he had said to Sergey Kislyak or the date of notes released today that Sidney Powell had every Republican, including Mukasey, claim came one day before they had to have. No one even asked Mukasey why he was agreeing with Jordan about Obama’s pursuit of Mike Flynn when the prosecution happened under Trump (and recent documents have shown both Peter Strzok and Jim Comey working hard to protect Flynn). Mukasey would have made the perfect foil for such questions. He even could have been asked how often DOJ flip flops on its position from week to week, as Barr has in the Flynn case.

Even worse, no one circled back to get Aaron Zelinsky to correct the premise of Jordan’s questions about whether Amy Berman Jackson’s final sentence accorded with the initial sentencing memo or not, much less his cynical reading of one sentence out of context to falsely portray ABJ as agreeing with DOJ’s second memo.

Finally, Democrats did almost no fact-finding (indeed, it took Jordan to lay out the hierarchy of the politicization of the Stone sentencing). For example, while Eric Swalwell got Zelinsky to agree that the Mueller Report showed gaps in the investigations, he did not invite Zelinsky to describe what specific gaps he would be permitted to identify in the Stone investigation, such as that DOJ was not able to recover any of Stone’s texts from shortly after the election until a year later, in 2017. No one circled back to invite Zelinsky to explain that he had been able to describe Paul Manafort’s testimony implicating Trump directly in Stone’s work because descriptions of that testimony were hidden by DOJ and just got declassified — months after Stone’s sentencing. Hakeem Jeffries got Zelinsky to lay out one thing that prosecutors had been forced to leave out in the initial sentencing memo — Randy Credico’s testimony about how freaked out he was about Stone’s threats — but he left it there, without follow-up to learn if there had been anything more (like Stone’s discussions personally with Trump).

The testimony of the witnesses — especially Donald Ayer, who had to testify over Louie Gohmert’s tapping of a pencil to try to drown out his testimony — was scathing. But the Democratic members of the committee left them hanging out there, which is going to further disincent other witnesses from testifying. This hearing was far too important not to do better prep work to ensure the risks the witnesses took on will be worth it going forward.

Sometime today, Nadler said he’s reconsidering his earlier statement that the committee would not impeach Barr. But unless Democrats seriously up their game — both on preparation and on discipline — then any impeachment of Barr will be as ineffectual of the Ukraine impeachment, if not worse.

Even the First Roger Stone Sentencing Memo Was Politicized

Mueller prosecutor Aaron Zelinsky’s testimony for a House Judiciary Committee hearing on how Trump and Barr are politicizing DOJ has been released. As a number of outlets are reporting, he will testify about how, when Bill Barr flunky Timothy Shea was bending to pressure to “cut Stone a break,” Shea did so because he was “afraid of the President.”

I’m more interested in a few details about the actual drafting of the memos, some of which I’ll return to. The original draft of the sentencing memo was drafted by February 5; it was not only approved, but deemed “strong.”

The prosecution team – which consisted of three career prosecutors in addition to myself – prepared a draft sentencing memorandum reflecting this calculation and recommending a sentence at the low end of the Guidelines range. We sent our draft for review to the leadership of the U.S. Attorney’s Office. We received word back from one of the supervisors on February 5, 2020, that the sentencing memo was strong, and that Stone “deserve[d] every day” of our recommendation.

On February 7, the hierarchy started intervening. In addition to asking to drop the enhancements (which is what the final memo did), DOJ big-wigs also asked prosecutors to take out language about Stone’s conduct.

However, just two days later, I learned that our team was being pressured by the leadership of the U.S. Attorney’s Office not to seek all of the Guidelines enhancements that applied to Stone – that is, to provide an inaccurate Guidelines calculation that would result in a lower sentencing range. In particular, there was pressure not to seek enhancements for Stone’s conduct prior to trial, the content of the threats he made to Credico, and the impact of his obstructive acts on the HPSCI investigation. Failure to seek these enhancements would have been contrary to the record in the case and to the Department’s policy that the government must ensure that the relevant facts and sentencing factors are brought to the court’s attention fully and accurately.

When we pushed back against incorrectly calculating the Guidelines, office leadership asked us instead to agree to recommend an open-ended downward variance from the Guidelines –to say that whatever the Guidelines recommended, Stone should get less. We repeatedly argued that failing to seek all relevant enhancements, or recommending a below-Guidelines sentence without support for doing so, would be inappropriate under DOJ policy and the practice of the D.C. U.S. Attorney’s Office, and that given the nature of Stone’s criminal activity and his wrongful conduct throughout the case, it was not warranted.

In response, we were told by a supervisor that the U.S. Attorney had political reasons for his instructions, which our supervisor agreed was unethical and wrong. However, we were instructed that we should go along with the U.S. Attorney’s instructions, because this case was “not the hill worth dying on” and that we could “lose our jobs” if we did not toe the line.

We responded that cutting a defendant a break because of his relationship to the President undermined the fundamental principles of the Department of Justice, and that we felt that was an important principle to defend.

Meanwhile, senior U.S. Attorney’s Office leadership also communicated an instruction from the acting U.S. Attorney that we remove portions of the sentencing memorandum that described Stone’s conduct. Again, this instruction was inconsistent with the usual practice in the U.S. Attorney’s Office, and with the Department’s policy that attorneys for the government must ensure that relevant facts are brought the attention of the sentencing court fully and accurately.

Ultimately, we refused to modify our memorandum to ask for a substantially lower sentence. Again, I was told that the U.S. Attorney’s instructions had nothing to do with Mr. Stone, the facts of the case, the law, or Department policy. Instead, I was explicitly told that the motivation for changing the sentencing memo was political, and because the U.S. Attorney was “afraid of the President.”

Ultimately, Tim Shea approved the prosecutors’ inclusion of the enhancements, but took out the language about Stone’s conduct.

On Monday, February 10, 2020, after these conversations, I informed leadership at the U.S. Attorney’s Office in D.C. that I would withdraw from the case rather than sign a memo that was the result of wrongful political pressure. I was told that the acting U.S. Attorney was considering our recommendation and that no final decision had been made.

At 7:30PM Monday night, we were informed that we had received approval to file our sentencing memo with a recommendation for a Guidelines sentence, but with the language describing Stone’s conduct removed. We filed the memorandum immediately that evening.

That means even the first sentencing memo — the one that made a strong case for prison time — had been softened by Barr’s flunkies, in some way not laid out in Zelinsky’s opening statement.

Here’s the first sentencing memo. One thing lacking from that memo — but in Zelinsky’s opening statement — pertains to Stone’s discussions directly with Trump.

And that summer, Stone wasn’t just talking to the CEO, Chairman, and Deputy Chairman of the campaign. He was talking directly to then-candidate Trump himself.

On June 14, 2016, the Democratic National Committee (DNC) announced that it had been hacked earlier that spring by the Russian Government. That evening, Stone called Trump, and they spoke on Trump’s personal line. We don’t know what they said.

On August 2, [sic — this should be July 31] Stone again called then-candidate Trump, and the two spoke for approximately ten minutes. Again, we don’t know what was said, but less than an hour after speaking with Trump, Stone emailed an associate of his, Jerome Corsi, to have someone else who was living in London “see Assange.”

Less than two days later, on August 2, 2016, Corsi emailed Stone. Corsi told Stone that, “Word is friend in embassy [Assange] plans 2 more dumps. One “in October” and that “impact planned to be very damaging,” “time to let more than Podesta to be exposed as in bed w enemy if they are not ready to drop HRC. That appears to be the game hackers are now about.”

Around this time, Deputy Campaign Chairman Gates continued to have conversations with Stone about more information that would be coming out from WikiLeaks. Gates was also present for a phone call between Stone and Trump. While Gates couldn’t hear the content of the call, he could hear Stone’s voice on the phone and see his name on the caller ID. Thirty seconds after hanging up the phone with Stone, then-candidate Trump told Gates that there would be more information coming. Trump’s personal lawyer, Michael Cohen, also stated that he was present for a phone call between Trump and Stone, where Stone told Trump that he had just gotten off the phone with Julian Assange and in a couple of days WikiLeaks would release information, and Trump responded, “oh good, alright.” Paul Manafort also stated that he spoke with Trump about Stone’s predictions and his claimed access to WikiLeaks, and that Trump instructed Manafort to stay in touch with Stone.

Surely there’s someone sharp enough on HJC who can note this discrepancy and ask Zelinsky whether there was similar language in the sentencing memo that Tim Shea took out because he’s “afraid of the President.”

Zelinsky knows little about the drafting of the second memo — he describes that he heard about it in the press and the rest of his understanding appears to come from what he was told in the office.

What he was told was that DOJ actually considered attacking its own prosecutors in the memo.

We repeatedly asked to see that new memorandum prior to its filing. Our request was denied. We were not informed about the content or substance of the proposed filing, or even who was writing it. We were told that one potential draft of the filing attacked us personally.

This is akin to the Mike Flynn motion to dismiss, which insinuated that prosecutors had engaged in misconduct. The Attorney General and his flunkies are attacking career officials at DOJ to perform for the President like trained seals.

In the passage where Zelinsky offers his opinion of that second memo he notes that it matched Trump’s tweet of the interim day.

The new filing stated that the first memo did not “accurately reflect” the views of the Department of Justice. This new memo muddled the analysis of the appropriate Guidelines range in ways that were contrary to the record and in conflict with Department policy. The memo said that the Guidelines were “perhaps technically applicable,” but attempted to minimize Stone’s conduct in threatening Credico and cast doubt on the applicability of the resulting enhancement, claiming that the enhancement “typically” did not apply to first time offenders who were not “part of a violent criminal organization.” The memo also stated that Stone’s lies to the Judge about the meaning of the image with the crosshairs and how it came to be posted on Instagram “overlaps to a degree with the offense conduct in this case,” and therefore should not be the basis for an enhancement.

The new memo did not engage with testimony in the record about Credico’s concerns. Nor did the new memo engage with cases cited in the old memo where the obstruction enhancement was applied to non-violent first-time offenders. And the memo provided no analysis for why Stone’s lies to Congress regarding WikiLeaks overlapped at all with his lies two years later to the judge about his posting images of her with a crosshairs. The new memo also stated that the court should give Stone a lower sentence because of his “health,” though it provided no support for that contention, and the Guidelines explicitly discourage downward adjustments on that basis.

Ultimately, the memo argued, Stone deserved at least some time in jail– though it did not give an indication of what was reasonable. All the memo said was that a Guidelines sentence was “excessive and unwarranted,” matching the President’s tweet from that morning calling our recommendation “horrible and very unfair.” [my emphasis]

Zelinsky’s read of that second memo also complains that it left out the record on Randy Credico’s response to Stone’s threats. In his opening statement, he provides this detail, which I don’t recall from the trial (Amy Berman Jackson was able to rely on Credico’s grand jury transcript in her sentencing, because Stone had submitted that with one of his filings).

Then, fearful of what Stone’s associates might do to him, Credico moved out of his house and wore a disguise when going outside.

Credico explains that he grew a thick mustache and wore a cap and sunglasses. Dressing up as John Bolton is indeed a fearful disguise.

The detail that Credico moved out of his house, taken in conjunction with the detail from the Stone warrants that Stone hired a private investigator to find an address to “serve” Credico with a subpoena he never served him, is especially chilling.

Stone hired a PI to hunt Credico down after Credico took measures to hide from him and (Credico has always emphasized) Stone’s violent racist friends.

In addition to making it clear that Shea politicized even the first memo in some way, Zelinsky hints at ways that Stone’s witness tampering was more aggressive than widely understood.

Let’s hope those details come out in tomorrow’s hearing.

Roger Stone Assistant Andrew Miller Fought His Subpoena Far More Aggressively than His Former Boss

I want to look at a notable asymmetry in the way Roger Stone and his former assistant Andrew Miller responded to being subpoenaed by Robert Mueller’s team.

As I noted in an update to this post, in November 2018, Mueller’s team subpoenaed Stone after Chuck Ross published texts Stone gave the journalist so he would publish a bullshit claim that Randy Credico was Stone’s back channel.

Pointing to the text messages, Stone asserts that Credico “lied to the grand jury” if he indeed denied being Stone’s contact to Assange.

“These messages prove that Credico was the source who told me about the significance of the material that Assange announced he had on Hillary. It proves that Randy’s source was a woman lawyer,” Stone told TheDCNF.

Ross published five sets of texts, four of which he clearly attributed to Stone.

The text showing Credico reminding Stone that he had an earlier source by itself actually undermined Stone’s claim to HPSCI that Credico was his source. Emails FBI already had in possession showed Credico’s comms with Stone post-dated Stone’s public claims to have had an intermediary to Julian Assange.

By providing texts to Ross Stone had told HPSCI he didn’t have, he provided all the evidence needed to be found guilty of one charge in his eventual indictment. In addition, unbeknownst to Stone, Credico didn’t have some of his own texts, including some of the ones that Stone had retained. So by providing them to Ross, Stone made it clear he had texts that were otherwise unavailable.

The fact that Stone had those texts, from a phone he stopped using in 2016, also contributed to the probable cause that the phone would be in one of Stone’s homes when the FBI searched them.

The affidavit supporting the search of Stone’s homes makes it clear that Stone did comply when the FBI subpoenaed him for texts he was freely willing to share with Chuck Ross, though the description of it as “recent[]” may suggest that Stone stalled a bit.

The government has only recently obtained text messages between Stone and Credico during some period of the campaign in 2016 from Stone’s subpoena production, issued after media reports in November 2018 stated that Stone’s attorneys were able to extract text messages between Stone and Credico from a phone Stone stopped using in 2016.

Still, Stone complied with a Mueller subpoena with nary a public squawk.

Compare that with a new detail the files released last week make clear about Andrew Miller’s year long fight of a Mueller subpoena. We knew that, after Miller agreed to an FBI interview with no counsel on May 9, 2018, he then commenced a year-long subpoena fight to avoid testifying before the grand jury, with an inordinate amount of legal fuckery. We knew that the very last thing that occurred under Mueller’s authority was the final negotiation for Miller’s testimony — though the grand jury Miller appeared before was actually not Mueller’s, suggesting Miller’s testimony was needed for the ongoing investigations still hidden in court filings released last week. (Prosecutors subpoenaed Miller to be available for Stone’s trial but never called him, so his testimony did pertain in some way to the lies Stone told HPSCI.)

What we didn’t know before last week is how much Stone communicated with Miller while the former assistant launched this subpoena challenge. After he met with the FBI, an August 2018 warrant makes clear, Stone and Miller spoke by phone. They did the next day too, when Mueller subpoenaed Miller. Miller stalled in a variety of ways for a month. Then, on June 14, after Mueller moved to force Miller to testify, Stone and Miller emailed five times. That’s the period when Miller got a new lawyer, Paul Kamenar, who led Miller’s subpoena challenge to the Supreme Court, all the while claiming Miller was challenging the subpoena it for libertarian reasons. Between May 23, 2018 and August 3, 2018, as that challenge was proceeding, Stone and Miller exchanged over 100 emails. (Chief DC Judge Beryl Howell, who authorized the August 3 warrant, had just ordered Miller to testify as soon as possible, which led directly to his appeal.)

The difference in response to the subpoena may simply reflect that Miller launched the challenge to Mueller’s authority that Stone otherwise might have made. Or it may reflect that there’s no defense to a subpoena if you’re selectively feeding the subpoenaed materials to the press.

But it also might suggest that Stone viewed whatever testimony Miller provided to be more damning to Stone than turning over texts that would prove that Stone’s claim that Credico was his back-channel to Assange was bullshit.

On April 24, Kamenar filed a notice of appearance as Stone’s lawyer in his prosecution and will represent Stone for the appeal.

The Roger Stone Prosecution Was One Step in an Ongoing Investigation

I’ve spent the last few days going through the warrants released the other day in detail. This post attempts to summarize what they show about the Stone investigation.

First, understand the scope of this release. According to a filing the government submitted a year ago, they considered the media request to apply to, “warrants to search Stone’s property and facilities [and] other warrants that were executed as part of the same line of investigation” obtained under both Rule 41 and Stored Communication Act.  It does not include warrants from other lines of investigation that happened to yield information on Stone. That said, there is good reason to believe there are either filings that were entirely withheld, or that DOJ’s interpretation of what constitutes the “same line of investigation” is fluid.

In his order to release the files, Judge Christopher Cooper said that the individual redactions hide, “the private information of non-parties, financial information, and non-public information concerning other pending criminal investigations.” In the hearing on the release, the media coalition suggested that people who had testified at Stone’s trial should not be protected under the guise of privacy, and that seems to have been the standard adopted on redactions of names. In general, then, this post assumes that the redaction of names (such as Ted Malloch) protects the privacy of people who did not testify at trial, but the redaction of entire paragraphs (such as 7 paragraphs of boilerplate describing why Malloch was suspected to be involved) was done to protect ongoing investigations. In the list of warrants below, I’ve marked with an asterisk those that — either because they weren’t for Stone’s property or because they didn’t yield evidence relevant to the the obstruction charges he was prosecuted for — were not provided to Stone in discovery; I’ve based that on the list in this order (see footnote 2).

This investigation may well have started as a box-checking exercise, effectively checking whether John Podesta’s allegations that Roger Stone had learned of the hack targeting Hillary’s campaign manager ahead of time. It appears that Mueller’s team slowly came to believe that Roger Stone had gotten advance notice — and possibly advanced possession — of the Podesta email drop. Along the way, it ruled out one after another theory of how he did so.

Two of the most fascinating applications — one pertaining to an Israeli contact and another regarding someone apparently introduced to Stone by Charles Ortel — seem to have fully (the Israeli lead) or partly (the Ortel one) fizzled. (I base that on whether communications described in the affidavits continue to show up in later applications and whether entire paragraphs remain redacted.)

But the government still seems to believe that Stone worked with Corsi and Malloch on these issues. The government is obviously still trying to figure out whether the rat-fuckers and hoaxsters managed to optimize the release of the Podesta emails on October 7, 2016 to drown out the Access Hollywood drop. Mueller’s uncertainty on this point is something explained in redacted sections of the Mueller Report.

Along the way, Mueller developed two side prongs to the investigation: an examination of how Stone used social media to advertise WikiLeaks documents (it’s likely that investigation came to include ads that may have replicated themes being pushed by Russia and may have involved improper collaboration with the campaign), and the obstruction and witness tampering investigation Stone was prosecuted for.

More interesting still, in fall 2018, Mueller’s team started pursuing several leads (including the Ortel one), most of which — if the rule that entirely redacted paragraphs reflect ongoing investigation — continue to be investigated. Indeed, it appears that the prosecution of Stone for obstruction served partly as a means to initiate a prosecution against him, possibly entice him to flip against Trump or others, but perhaps mainly to obtain Stone’s devices in an attempt to get texts from 2016 to 2017 he had deleted, as well as the content of the encrypted communications he had sent using those devices. That is, the search, arrest, and prosecution of Stone appears to have been just one step in an ongoing investigation, an investigation that may be targeting others (including Julian Assange).

Identify the Malloch and Corsi connection (May 2017 to July 2018)

From May (when Mueller’s team first obtained subscriber records on Stone’s Twitter account) until November 2017, the investigation may have been little more than an effort to assess the spat between Stone and John Podesta over Stone’s August 21, 2016 “time in the barrel tweet.” After the team obtained Stone’s Twitter accounts, they moved to obtain the email accounts on which he conducted conversations started on Twitter. In November, Mueller got a warrant for his own team to access Julian Assange’s Twitter accounts (though the government surely already had obtained that). By December, Stone’s email accounts would have led Mueller’s team to believe that Ted Malloch, who was in London, could have been the back channel Stone kept bragging about, and so got his Gmail account. Mueller gagged Google to prevent Malloch from learning that. As a result, Malloch was presumably surprised when he arrived at Logan airport in March and was searched — a search conducted to obtain his phones, partly in an attempt to get to his UK-hosted email.

After Steven Bannon was interviewed in February 2018, Mueller’s team used that to obtain Stone’s Apple account; while not indicated anywhere in these applications, that’s where they would discover Stone and Michael Caputo had responded to a Russian offering dirt on Hillary.

In July, Mueller’s team obtained Jerome Corsi’s email and Apple accounts (there’s no record of them obtaining his Gmail account, but Corsi’s description of Mueller’s knowledge of his August 2016 searches suggests they got it). These affidavits begin to include a 7-page redaction that may indicate ongoing investigation into whether Stone or Corsi optimized the October 7 Podesta email release.

In this phase, the crimes being investigated expanded from just hacking to conspiracy to aiding and abetting. When Mueller got the Assange warrant, he added the illegal  foreign contribution charge (one he declined to prosecute in a long redacted passage of the Mueller Report).

Collect materials on Stone’s overt social media campaigns (August 2018)

On May 18, 2018, Mueller’s team interviewed John Kakanis, who had worked on tech issues for Stone during the election. Afterwards, Mueller’s team obtained a series of warrants to collect the social media campaigns Stone had conducted on issues related to the Russian hack-and-leak. Those warrants included one for several Facebook accounts, a Gmail and Twitter account Stone used for such issues, and a Facebook and Gmail account under the Brazilian name Falo Memo Tio. Stone apparently did not receive the Facebook Falo Memo Tio account, and that warrant included a gag.

Track Stone’s efforts to obstruct the investigation (August 2018)

As Mueller’s team started interviewing people loyal to Stone, they became aware that Stone was communicating with witnesses. In May, Mueller obtained a pen register on Stone’s email accounts, allowing them to track with whom Stone was communicating. An August 3, 2018 warrant describes how investigators used those toll records to track such communications:

  • In the wake of Michael Caputo’s interview, he and Stone communicated via his Hotmail account (this would have been obvious from the story Stone seeded with the WaPo not long after)
  • After FBI Agents approached Andrew Miller, Stone emailed him via Gmail at least 10 times and a over a hundred times after he started challenging his subpoena
  • Stone emailed both Corsi and Credico in May 2018
  • Stone hired a private investigator to conduct a background investigation into someone who had done IT work for him during the campaign and research where he could serve Credico with legal process; in a June 2018 interview, the PI told investigators he and Stone primarily communicated via iPhone text messages

This affidavit included a section (¶¶64-77), based off texts with Credico stored in Stone’s iCloud account and texts published by the media, describing Stone’s threats to Credico.

In response to Stone’s overt efforts to thwart the investigation, Mueller obtained new warrants on Stone’s Hotmail, Gmail, and Apple accounts, which would yield a great deal of evidence for the obstruction and witness tampering charges against Stone. From this point forward, those charges would be included on warrants targeting Stone. In addition, from that point forward, the government appears to have sought to obtain Stone’s communications with those whose testimony he was obstructing (though the names of others besides Credico are redacted).

Starting with the next warrant, affidavits would include a section (¶¶87-89) comparing what Stone had told the House Intelligence Committee with what his own communication records showed, language that would form the backbone for the obstruction indictment.

Investigate the spooky stuff (May to August 2018)

There’s a number of things in these warrants that are difficult to assess. They didn’t show up in Stone’s trial, and it’s unclear whether they were leads that fizzled or reflect far more damning evidence. For example, the Israeli source who kept trying (and ultimately succeeded, once) to use Stone to get a meeting with Donald Trump doesn’t appear to have amounted to much, at least not with respect to the WikiLeaks releases.

A far more intriguing detail is the FBI claim — that lacks details that would be necessary to assess its accuracy — that Stone was searching for details of the Russian operation before those details were made public. The FBI made that claim twice. First, in a July 28, 2018 affidavit, they described that someone conducted searches on dcleaks and “guccifer june” using IP addresses that might be Stone, starting on May 17, 2016. The suggestion is that Stone may have had advance notice of those parts of the Russian operation. But some journalists learned of dcleaks after it got launched in early June and before it got more attention later in the summer. And the original Guccifer, Marcel Lazar, signed a plea agreement in late May 2016. Given Lazar’s claim to have hacked a Hillary server, it’s not unreasonable to think Stone would be researching him. A later warrant discusses someone — who again could be Stone — searching on Guccifer the day that the site would go up, but before it was public.

During the course of its investigation, the FBI has identified a series of searches that appear to relate to the persona Guccifer 2.0, which predate the public unveiling of that persona. In particular, on or about June 15, 2016 (prior to the publication of the Guccifer 2.0 WordPress blog), records from Google show that searches were conducted for the terms “guccifer” and “guccifer june,” from an IP address within the range 107. 77 .216.0/24.

The same rebuttal may be made — that this was about Marcel Lazar and not Guccifer 2.0. But evidence submitted at the trial suggests that Stone started anticipating the June 2016 dump on June 13, not June 15, making the claim more credible.

That July 28 warrant also describes several accounts that look like the FBI suspect Stone of sophisticated operational security. These include:

  • A Gmail account created on July 28, 2016 (right in the thick of Stone’s effort to find out what WikiLeaks had coming next) and used until July 5, 2017
  • A Gmail account created on October 26, 2016 and used until August 8, 2017
  • A Gmail account created on June 27, 2016 and used in conjunction with Craigslist to communicate

The latter effort may suggest some serious OpSec, a way for Stone to communicate publicly without using his own comms.

Finally, there are matching Gmail and Facebook accounts the government obtained warrants for on August 28, 2018. These were old accounts with the Brazilian name Falo Memo Tio. It appears the government was interested in activity on this account from the last four days before the election. They obtained a gag for the Facebook warrant.

Seal warrants investigating an Agent of Foreign Power (August to September 2018)

The government tried to obtain proof that it was Stone doing those searches on Guccifer — as well as evidence about whom he may have met with in early August 2016 when he told Sam Nunberg he had dined with Assange — by obtaining his cell site location for June 14 through November 15 of that year.

Minutes after FBI Agent Andrew Mitchell (who had been the primary affiant on Stone warrants starting in May 2018) obtained that cell site warrant, FBI Agent Patrick Myers obtained a warrant for a mail.com account that Guccifer 2.0 had created on July 23, 2016 and used until October 18, 2016 (the account kept receiving traffic until February 2017). There are several remarkable things about this warrant. While FBI Agents in San Francisco obtained a warrant for it in August 2016, and someone — possibly Mueller’s team — obtained the headers from the account in September 2017, the government had never before obtained a full warrant on the account for the entire span of its activity. So Myers, seven weeks after Mueller released an indictment against the GRU, obtained that information in hopes it would provide more information about how the Guccifer persona had shared files.

The other FBI Agents investigating Stone, to the extent they described such things, were located in either Washington Field Office or FBI Headquarters in DC. Myers, however, was stationed in Pittsburgh, where the investigation into GRU had been moved (they were also working on an indictment for GRU’s hacking of WADA).

Myers’ involvement with Stone extended beyond this curious warrant for Guccifer 2.0’s account. Over the course of the next month, he obtained warrants for:

  1. Stone’s Liquid Web server storing old communications
  2. A Twitter account obtained for redacted reasons
  3. Multiple Twitter accounts obtained for redacted reasons
  4. Multiple Facebook and Instagram accounts obtained for redacted reasons
  5. Multiple Microsoft and Skype accounts obtained for redacted reasons
  6. Multiple Google accounts obtained for redacted reasons
  7. A Twitter account for someone, probably referred by Charles Ortel, whose name ends in R and who traveled back and forth from the UK who Stone suggested, in October 2016, was his intermediary
  8. Multiple Google accounts obtained for redacted reasons

All those warrants, as well as the Guccifer 2.0 account one, included a gag. One of those gag requests — for a warrant for some Twitter accounts — explains,

It does not appear that Stone is currently aware of the full nature and scope of the ongoing FBI investigation. Disclosure of this warrant to Stone could lead him to destroy evidence or notify others who may delete information relevant to the investigation.

Almost all of the warrants (not the R Apple one or the last Google one, though the R Apple one lists perjury) list FARA and 18 USC 951 (Agent of a Foreign Power) as crimes under investigation somewhere in the warrant, though often only in the gag request. To be clear, that doesn’t mean the FBI was investigating Stone as an Agent of a Foreign Power. The Guccifer 2.0 gag says FBI “is investigating WikiLeaks and others” for the listed crimes.

And those gags say the complexity of the investigation means it may extend more than a year from late September 2018. That is, in September 2018, the government took steps in an investigation they expected to last until around the time that Stone would eventually be tried, in November 2019.

Use the obstruction charges to seize Stone’s phones (January to February 2019)

The existence of those mystery warrants, none of which were provided to Stone in discovery and all but the R Apple one which appear to be ongoing, puts what happened in January 2019 in a very different light. At a time when Bill Barr promised to shut down the Mueller investigation as soon as he was confirmed yet while Mueller was still pursuing Andrew Miller’s testimony, the government obtained warrants to search Stone’s two homes, his office, and three devices seized in those searches (the affiants for those warrants had filed for earlier warrants in the investigation).

Unlike all the other warrants, those 2019 warrants listed only the obstruction, false statements, and witness tampering charges against Stone, largely tracking the indictment against him.

Those warrants emphasize the government’s interest in obtaining texts that might be accessed only via a forensic search of Stone’s phone, including texts sent via Apple, but also Signal, Wickr, and WhatsApp texts, as well as ProtonMail emails.

Which is to say, in the context of the warrants released this week, the prosecution of Roger Stone appears to be just one step in a far more serious investigation, one that may well be ongoing.


The warrants

August 7, 2017: Stone’s Twitter Accounts

This warrant only lists CFAA as the suspected crime, and doesn’t allege that Stone was the suspect in it. It also relies on Stone’s own public comments about DMing with Guccifer 2.0 rather than materials already obtained from the account, just the first of an insane number of instances where Stone’s comments to the press formed the basis for probable cause.

September 11, 2017: Stone’s Hotmail Account

When people DMed Stone, he’d refer them to this Hotmail account for further discussion. This affidavit incorporates DMs to Assange (including the June 10, 2017 one discussing a pardon) obtained with the August 7 warrant. It also describes investigating information to be used in the Republican primary. This warrant extended the timeframe of the Stone investigation back to January 1, 2015.

October 17, 2017: Stone’s Gmail

This warrant builds on emails between Corsi and Stone about getting the WikiLeaks releases — including Stone’s “get to Assange” one — to establish the probable cause to get Stone’s Gmail account. Because Corsi would sometimes discuss Podesta related business via both Stone’s Hotmail and Gmail accounts, Mueller’s team was able to get Stone’s Gmail account. This warrant makes it clear the investigation focused on Corsi and Stone’s evolving attacks against John Podesta (which I’ve covered in real time from early on) from the beginning. It also includes a detail about Malloch — that he made a reference in January 2017 about phishing Podesta — that almost certainly remains in the redacted sections pertaining to Malloch.

*November 6, 2017: WikiLeaks and Assange’s Twitter Accounts

This affidavit uses Assange’s DMs with Stone — including another one about a pardon and migration from the WikiLeaks to the Assange account– as well as his sharing of a password with Don Jr to get Mueller his own copy of the WikiLeaks and Assange Twitter accounts, which the government surely already had. The affidavit includes new details on initial communications between Guccifer 2.0 and WikiLeaks, some of which I laid out here. One detail that’s critical is WikiLeaks asked Guccifer 2.0 for Clinton Foundation documents from early on, meaning WikiLeaks and Trump’s people agreed about what they considered the best possible dirt.

*December 19, 2017: Ted Malloch’s Gmail

In addition to extra details about campaign communications (both between Stone and the campaign, and with Malloch and the campaign), this includes details of Turkish dirt Malloch was offering. It reveals that Stone got RNC credentials for Malloch (where, evidence suggests, Stone had meetings where upcoming releases may have been discussed). In addition, because Stone’s order to Corsi to reach out to Malloch is so important, this affidavit has previously unknown details about those days. The affidavit describes Malloch writing Stone on November 13, 2016 while with Jerome Corsi, a detail that may get redacted in subsequent affidavits.

This warrant included a gag on the provider.

This is the first application that introduces Stone, Corsi, and Malloch at the beginning of each affidavit, a practice that would generally continue (though some of these changes reflect different FBI agents writing the affidavit).

March 14, 2018: Two Apple Accounts used by Stone

In February, Steve Bannon was interviewed for two long days. He was asked questions and shared texts with Stone. This application uses some of what he testified about to justify getting Stone’s Apple accounts. Stone had his iCloud account set to full backup, but later warrants would make clear that he had deleted some of his texts from 2016 and 2017. Stone would later blame Sam Nunberg for revealing that he had claimed to have “dined” with Julian Assange while visiting Los Angeles in early August 2016, but this application began to incorporate that email into boilerplate application language (a footnote on what Nunberg told investigators about this is redacted in later warrants).

This application added wire fraud to Stone’s potential charges; it’s not at all clear why.

*March 27, 2018: Malloch’s person and his baggage

This warrant allowed the FBI to search Malloch as he landed in Logan airport. It incorporated details from Malloch’s Gmail obtained in December and was at least in part an effort to get to his UK-based email.

*May 4, 2018: Mystery Israeli Gmail

Over the course of the year, an Israeli exploited a seeming pre-existing relationship with Jerome Corsi to get close to Stone and through him to Trump. The person appeared to offer Stone dirt to save Trump (this story provides some background on potential players). Stone seems to have been reluctant to meet at multiple times, as when he said, in May 2016, “I am uncomfortable meeting without Jerry,” claimed, in June, “to have been poisoned,” in July, came down “with a nasty cold and too ill to travel,” followed later with, “I have pneumonia and may be hospitalized later today,” claimed, “Matters complicated” in August. When, in early November, they tried again, the Israeli deferred claiming, “HAVING a TIA. Early Stroke. … Blury Virson.” These exchanges never show up in later filings, so it’s quite likely Mueller determined they were nothing (or at least, that Stone and Corsi had done nothing wrong) after obtaining the emails. Alternately, a redaction in the affidavit may suggest the Israeli in question got referred and some kind of investigation is ongoing. This warrant included a gag on the provider.

*July 12, 2018: Jerome Corsi’s CSC Holdings, Windstream, and Apple accounts (second version)

This adds language about Russian hacking after the initial compromise (including the September hack of the AWS server). It includes 7 paragraphs of language from after the election that is redacted, possibly because it remains under investigation. This Stone filing describes four of those paragraphs as pertaining to Corsi taking credit for optimizing the Podesta release and Malloch introducing Corsi to Assange after the election (see this post). Some of the redactions (probably the Malloch introduction) repeats the “phishing Podesta” quip. This warrant included a gag on the provider. It limited the scope of the warrant to June 15 through November 10, 2016 and included only CFAA and conspiracy in the crimes being investigated.

July 27, 2018: Roger Stone’s OpSec emails

This warrant obtains the search histories for 3 Gmail accounts Roger Stone set up, possibly for OpSec purposes. They include:

  • Target Account 1 created on July 28, 2016 and used until July 5, 2017
  • Target Account 2 created on October 26, 2016 and used until August 8, 2017
  • Swash Buckler Account created on June 27, 2016 and used to communicate via Craigslist ads

Between May 17, 2016 and June 15, 2016, the affidavit suggests, Stone may have conducted Google searches for DCLeaks and Guccifer (which could be 1 or 2) prior to the publication of the Guccifer 2.0 blog. The FBI connected them to Stone via the IP addresses he used to access Twitter and Facebook, something they would continue to investigate. The affidavit also reveals that Stone deleted the search history for a different Google account between January 18 and July 23, 2016.

August 2, 2018: Roger Stone marketing Facebook accounts

This warrant gets three of Stone’s Facebook accounts, two of which include advertisements pertaining to WikiLeaks or Russia (the description of the third is redacted). Stone used this warrant when signaling to his co-conspirators what was in his warrants, so redacted details are available here. The biggest redaction for an ongoing investigation pertains to whether Corsi and Stone affected the release of the Podesta emails and Malloch offering to set Corsi up with Assange after the election.

August 3, 2018: Renewed warrants for Apple, Hotmail, and Gmail

Partly because the way Stone worked the press and aired the threats he had made against Randy Credico, it became clear he was tampering or comparing notes with witnesses (also including Jerome Corsi, Michael Caputo, and Andrew Miller, as well as one other witness that Stone hired a private investigator to investigate). That gave Mueller the excuse to get new warrants on Stone’s main email and text accounts to get those conversations. This request expanded the focus to include Credico and others (the names of the others are redacted but are likely those with whom Stone was trying to tamper). This warrant also adds obstruction and witness tampering to the crimes being investigated.

August 8: Warrants for a Gmail and Twitter account Stone used for social media campaigns (Twitter)

On May 18, 2018, Mueller’s team interviewed John Kakanis about work he did for Stone during the campaign. He described how Stone conducted social media campaigns — including materials relating to WikiLeaks and the Russian investigation — which both of these accounts played a role in.

August 20, 2018: Warrant for Stone’s cell site information from June 15 to November 15, 2016

Citing the searches probably made by Stone for Guccifer and dcleaks information before those accounts were made public, the government obtained cell site information for the period from the day that the Guccifer 2.0 account first started to a day the week after the election. The affidavit also explained wanting to know if Stone was with the Trump campaign at various times and where he was in Los Angeles when he told Sam Nunberg he had dined with Assange. Note, this affidavit suggests Stone did a Google search on “Guccifer” on June 15, 2016 before the site went up.

*August 20, 2018: Warrant for Guccifer 2.0’s second email account

The same day the government got a warrant to find out where Stone had been when during the election, they got a renewed warrant for one of the email accounts associated with the Guccifer 2.0 site. They had previously gotten everything from that email account in “approximately” August 2016, and then gotten headers for any emails sent in “approximately” September 2017. Getting the full content would give it additional details on any activity with the account between the original warrant — August 2016 — and the final login on October 18, 2016, as well as any email traffic subsequent to that. The stated purpose for obtaining this information was to “assist in identifying additional means by which Guccifer 2.0 shared stolen documents with WikiLeaks and others.” Patrick Myers, an FBI agent located in Pittsburgh (and therefore presumably someone more closely involved in the GRU investigation) obtained this warrant. This warrant included a gag on the provider. Parts of this warrant invoke 18 USC 951 — agent of a foreign power charges — in addition to the other crimes under investigation.

*August 28, 2018: Warrant for Stone’s Falo Memo Tio Facebook account

August 28, 2018: Warrant for Stone’s Falo Memo Gmail account

This incorporates details about Stone’s Facebook accounts used to push the hack-and-leak, found in the earlier August Facebook warrants. It seeks to obtain an old Stone Facebook account that got advertising traffic right before the election. These were Stone-specific warrants that was not turned over in discovery, suggesting it returned nothing pertaining to his prosecution. The Facebook warrant, but not the Gmail one, included a gag on the provider; it also was not included in the warrants provided to Stone in discovery.

August 28, 2018: Warrant for Stone’s [email protected] account

This email account–and the fact that he had been using it to tell his cover story about WikiLeaks–showed up in his Gmail account.

*September 24, 2018: Warrant for Stone’s Liquid Web server

This was a server Stone used to encrypt and back up his data in case the government seized his computers. It was not provided to Stone in discovery so may not have revealed any interesting information. This is the first of these affidavits written by Patrick Myers, an FBI agent located in Pittsburgh.

*September 26, 2018: Mystery Twitter Account

*September 27, 2018: Mystery Facebook and Instagram Accounts

*September 27, 2018: Mystery Microsoft include Skype

*September 27, 2018: Mystery Google

On September 26 and 27, Mueller’s team obtained a bunch of new warrants. All were obtained by Myers, the Pittsburgh FBI agent. All included gags on the provider. Most entirely redact the description of why the FBI needed the accounts, suggesting these investigations are ongoing. They also invoke 951 and FARA in the sealing request.

*September 27, 2018: Mystery Twitter Accounts 2

Like the other warrants obtained on September 27, the explanation for targeting these Twitter accounts is sealed. Like them, Myers obtained the warrant. Like those, it includes a request for sealing that lists 18 USC 951 — acting as an unregistered foreign agent — and FARA. Unlike the other warrants from that day, the justification for sealing this one explains that “It does not appear that Stone is fully aware of the full scope of the ongoing FBI investigation.”

*September 27, 2018: Mystery Apple ends in R

Then there’s another odd September 27 warrant application. Like the other warrants obtained on September 27, Myers wrote the affidavit for this one, and it included a gag. Unlike the others, however, the explanation for targeting this account is not entirely redacted. The affidavit explains that,

  • On August 17, 2016, someone (Charles Ortel?) introduced Stone and R
  • Between that introduction and November 3, 2016, Stone and R were in contact 60 times
  • On October 7, R and Stone spoke during the time between when WaPo alerted him to the Access Hollywood Video and the time it dropped
  • On October 10, R and Stone probably met for pizza on the Upper East Side
  • On October 12, Stone claimed that he had met his intermediary, who traveled back and forth to London, on October 10

The list of information targeted includes an additional name, probably that of Charles Ortel.

*October 5, 2018: Mystery Multiple Googles

Like the September 27 warrants, the explanation for targeting these accounts remains entirely redacted. Like them, the affidavit was written by Myers and sealed under a Kyle Freeny request. Unlike those, however, this one does not list 951 and FARA in the request to seal. This affidavit also does not include the contacts with “R” in the narrative about October 7, suggesting that lead may have fizzled.

January 24, 2019: Stone’s NY property

January 24, 2019: Stone’s FL property

January 24, 2019: Stone’s FL office

February 13, 2019: Three of Stone’s devices

The warrants for the searches in conjunction with Stone’s arrest on January 24 are fairly similar (one agent wrote the one in NY, another did the two in FL), except for the descriptions of the premises, facilitated by how much media Stone has done at these locations.

The affidavits themselves largely track the indictment, though showing where the government had sourced the evidence that ultimately got introduced at evidence at trial. The affidavits add people named in the indictment — Rick Gates, Steve Bannon, and Erik Prince (whose description is redacted) — premised on the import of proving that Stone had lied about telling these people about his purported link to WikiLeaks. As compared to the earlier warrants, these affidavits have a closer focus on the release (and reliance, exclusively, on the Crowdstrike and GRU indictment attribution, which is something Stone litigated and which I may return to).

These warrants make it clear that one of the things the government was doing was searching Stone’s homes for all his electronic devices in hopes of getting texts from 2016 to 2017 he deleted and his encrypted communications, which include:

  • WhatsApp, downloaded on October 5, 2016 to talk to Erik Prince
  • Signal and ProtonMail downloaded on August 18, 2016; Stone used Signal to talk to Margaret Kunstler
  • Wickr downloaded on August 5, 2017

Update: One detail I forgot to add about the 2019 search warrants: They explain that Stone responded to a grand jury subpoena in November 2018 asking for the texts he had with Credico, after he told the press — specifically, Chuck Ross, for a credulous story that spun Stone’s like — that his attorney had them. It’s one of the most hilarious ways that Stone’s blathering to the press hurt him.

Update: One more detail about the 2019 search warrants. The FBI was specifically looking for a “file booklet” recording a meeting Stone had with Trump at Trump Tower during the 2016 election.

60. On or about May 8, 2018, a law enforcement interview of [redacted] was conducted. [redacted] was an employee of Stone’s from approximately June 2016 through approximately December 2016 and resided in Stone’s previous New York apartment for a period of time. [redacted] provided information technology support for Stone but was not formally trained to do so. [redacted] was aware that Stone communicated with Trump during the 2016 presidential campaign, and afterward, both in person and by telephone. [redacted] provided information about a meeting at Trump Tower between Trump and Stone during the time [redacted] worked for him, to which Stone carried a “file booklet” with him. Stone told [redacted] the file booklet was important and no one should touch it. [redacted] also said Stone maintained the file booklet in his closet.

61. On or about December 3,2018, law enforcement conducted an interview of an individual (“Person 2”) who previously had a professional relationship with a reporter who provided Person 2 with information about Stone. The reporter relayed to Person 2 that in or around January and February 2016, Stone and Trump were in constant communication and that Stone kept contemporaneous notes of the conversations. Stone’s purpose in keeping notes was to later provide a “post mortem of what went wrong.”

Seven Days after Julian Assange Helped Trump Win, Roger Stone Started Working on a Pardon

Last night, the government released a slew of warrants associated with but not limited to Roger Stone. I’ll have much more to say about them going forward. But I’d like to focus on what they say about discussions of a pardon for Julian Assange.

I have previously noted that there was an effort — including but not limited to Stone — to get Assange a pardon from 2017 through early 2018. Randy Credico’s sworn testimony at Stone’s trial made it clear this effort started in 2016 (which is one reason WikiLeaks’ efforts to pretend pardon discussions only occurred later in 2017 are so cynical). Indeed, Credico’s hope of getting a pardon for Assange is one of the reasons Stone’s threats against him worked as long as they did.

As a number of people have observed, the affidavits against Stone incorporate a paragraph explaining that, on June 10, 2017, Stone DMed Assange about a pardon.

On Saturday, June 10, 2017, @RogerJStoneJr sent a direct message to @JulianAssange, reading: “I am doing everything possible to address the issues at the highest level of Government. Fed treatment of you and WikiLeaks is an outrage. Must be circumspect as experience demonstrates it is monitored. Best regards R.”

But this effort started much earlier than that.

When Credico testified about introducing Stone to Kunstler in 2016 at trial (Stone would have known Kunstler was close to Credico because Credico bcc’ed Stone on an email he sent to the lawyer), he was vague about when that happened.

Q. What did you write to Mr. Stone on May 21st, 2018?

A. “Go right ahead. She’s not Assange’s lawyer.”

Q. I’m sorry. Below that. Let’s start at the first message, “You should have.” All the way at the bottom.

A. Where? Where am I? Here, “You should have.”

“You should have just been honest with the House Intel Committee. You’ve opened yourself up to perjury charges like an idiot. You have different versions. Maybe you need to get into rehab and get that memory straight.”

Q. What did Mr. Stone respond?

A. I don’t see it here.

Q. Just above that, do you see —

A. Oh, yes. “You are so full of S-H-I-T. You got nothing. Keep running your mouth and I’ll file a bar complaint against your friend Margaret.”

Q. And when he says “your friend Margaret,” who is he referring to?

A. Margaret Ratner Kunstler.

Q. Had you put Mr. Stone directly in touch with Ms. Kunstler after the election?

A. Yes, I did.

Q. And why had you done that?

A. Well, sometime after the election, he wanted me to contact Mrs. Kunstler. He called me up and said that he had spoken to Judge Napolitano about getting Julian Assange a pardon and needed to talk to Mrs. Kunstler about it. So I said, Okay. And I sat on it. And I told her–I told her–she didn’t act on it. And then, eventually, she did, and they had a conversation.

Credico didn’t even admit, at trial, that this happened before the end of 2016. But it appears to have started immediately after the election.

A warrant the government obtained to search the devices they seized when they searched Stone’s home reveals that on November 14, 2016, Stone switched from using an iPhone 5s to an iPhone 7.

The next day, Stone started communicating using Signal with Margaret Kunstler.

According to records from Stone’s iCloud account, a copy of the Signal application was downloaded to an iPhone registered to Stone on or about August 18, 2016. Additionally, text messages recovered from Stone’s iCloud account revealed that on or about November 15, 2016, Stone sent an attorney with the ability to contact Julian Assange a link to download the Signal application. 15 Approximately fifteen minutes after sending the link, Stone texted the attorney, “I’m on signal just dial my number.” The attorney responded, “I’ll call you.”

15 This attorney was a close friend of Credico’s and was the same friend Credico emailed on or about September 20, 2016 to pass along Stone’s request to Assange for emails connected to the allegations against then-candidate Clinton related to her service as Secretary of State.

Stone deleted a year of texts from this phone.

Finally, one more detail that’s in the generic affidavit. The investigation into Stone focused closely on whether, after getting a heads up from WaPo about the imminent Access Hollywood video story, Stone got WikiLeaks to drop the Podesta emails (Mueller’s team appears to have gotten an understanding of whether and how this happened in September 2018, which I’ll return to). Certainly, Steve Bannon gave Stone credit; his executive assistant, Alexandra Preate, commended Stone’s “well done” hours later.

What these warrants reveal, however, are that Stone had an unexpected lunch meeting with Trump the next day, October 8, 2016, that forced him to reschedule a meeting with Jerome Corsi.

On or about October 8, 2016, STONE, using Target Account 3, messaged CORSI, “Lunch postponed-have to go see T.” CORSI responded to STONE, “Ok. I understand.”

One of the things that Bill Barr’s DOJ has withheld thus far in the the release of Mueller-related 302s are the ones in which Mike Flynn explained that, in the wake of the Podesta release, the campaign considered reaching out to WikiLeaks.

The defendant also provided useful information concerning discussions within the campaign about WikiLeaks’ release of emails. WikiLeaks is an important subject of the SCO’s investigation because a Russian intelligence service used WikiLeaks to release emails the intelligence service stole during the 2016 presidential campaign. On July 22, 2016, WikiLeaks released emails stolen from the Democratic National Committee. Beginning on October 7, 2016, WikiLeaks released emails stolen from John Podesta, the chairman of Hillary Clinton’s 2016 presidential campaign. The defendant relayed to the government statements made in 2016 by senior campaign officials about WikiLeaks to which only a select few people were privy. For example, the defendant recalled conversations with senior campaign officials after the release of the Podesta emails, during which the prospect of reaching out to WikiLeaks was discussed.

Around the same time the campaign was having this discussion, then, Stone met personally with Trump.

So, yes, in June 2017 Stone DMed Assange about a pardon.

But more interesting is that the day after the Podesta releases, Stone met with Trump. And then, just days after Assange helped Trump win, Stone reached out to one of Assange’s lawyers.

The COVID Delay Should Give Reggie Walton First Pass at the Roger Stone Unsealing

Back when Reggie Walton ordered DOJ to give him a copy of the Mueller Report to review the exemption claims, I suggested that Judge Walton was unlikely to make much more public, except that his review might speed the process of liberating the material on Roger Stone that had been withheld under Amy Berman Jackson’s gag.

Be warned, however, that this review is not going to lead to big revelations in the short term.

There are several reasons for that. Many of the most substantive redactions pertain to the Internet Research Agency and Roger Stone cases. Gags remain on both. While Walton is not an Article II pushover, he does take national security claims very seriously, and so should be expected to defer to DOJ’s judgments about those redactions.

Where this ruling may matter, though, is in four areas:

  • DOJ hid the circumstances of how both Trump and Don Jr managed to avoid testifying under a grand jury redaction. Walton may judge that these discussions were not truly grand jury materials.
  • DOJ is currently hiding details of people — like KT McFarland — who lied, but then cleaned up their story (Sam Clovis is another person this may be true of). There’s no reason someone as senior as McFarland should have her lies protected. All the more so, because DOJ is withholding some of the 302s that show her lies. So Walton may release some of this information.
  • Because Walton will have already read the Stone material — that part that most implicates Trump — by the time Judge Amy Berman Jackson releases the gag in that case, he will have a view on what would still need to be redacted. That may mean more of it will be released quickly than otherwise might happen.
  • In very short order, the two sides in this case will start arguing over DOJ’s withholding of 302s under very aggressive b5 claims. These claims, unlike most of the redactions in the Mueller Report, are substantively bogus and in many ways serve to cover up the details of Trump’s activities. While this won’t happen in the near term, I expect this ruling will serve as the basis for a similar in camera review on 302s down the road.

But because of the COVID-related delay in Walton’s review, it’s likely he’ll make a first pass on the Roger Stone declassification, making it far harder for Bill Barr to politicize the release like he has the 302s.

Walton issued his order commanding DOJ to give him an unredacted version of the Mueller Report on March 5. DOJ complied with that order and delivered the report (and two other pages at issue in the lawsuit) on March 30. However, that same day, Walton issued a minute order stating that, because of Chief Judge Beryl Howell’s order suspending operations at the courthouse, he would be unable to start the review until April 20.

However, in light of the Chief Judge Howell’s March 16, 2020 Order Regarding Court Operations in Exigent Circumstances Created by the COVID-19 Pandemic, Standing Order No. 20-9 (BAH), the Court’s review of the unredacted version of the Mueller Report is unable to occur until the Court resumes its normal operations on April 20, 2020, unless the Court’s normal operations are further suspended due to the COVID-19 pandemic. Signed by Judge Reggie B. Walton on March 30, 2020.

He even suggested that if operations were further suspended (as they have been), the review might be further delayed — though EPIC made a case that the review is an essential function and should start on April 20 (that is, yesterday).

EPIC respectfully submits that in camera review of the Mueller Report is an essential function warranting the Court’s prompt attention.

[snip]

Time is of the essence in this case. It is vital that the American citizenry know the full extent of Russian interference in the 2016 presidential election before casting their votes in the 2020 presidential election, now just 200 days away. And it is vital that there be judicial review of the DOJ’s asserted exemptions that prevent public release of relevant information contained within the Mueller Report.

Walton has not indicated in the docket whether he started the review yesterday or not.

That said, once he does get around to the review, it will be far more substantive than it otherwise might. That’s because, days before Walton said he would conduct this review, ABJ issued her opinion denying Stone’s bid for a new trial. In her order, she released Stone from her gag.

Also, as of the date of this order, the defendant and his attorneys are hereby released from the media communication order of February 15, 2019 [Dkt. # 36], the minute order of February 21, 2019, and the order of July 17, 2019, [Dkt. # 149], although all other Court orders, including those related to the confidentiality of materials, and all other conditions of the defendant’s release, remain in place.

That means several of the exemptions invoked to hide Roger Stone’s efforts to optimize the WikiLeaks releases — everything under a b7A or b7B exemption starting on page 52 and in some other places — no longer apply. And given the way the timing has worked out, Reggie Walton will have first dibs on deciding whether President Trump’s personal involvement in Stone’s effort is entitled to any privacy consideration.

It may take Walton a while to get through this stuff (particularly if the 71-year old judge decides COVID threats prevent him from starting). But he should be able to get first review of what gets unsealed now.

Meanwhile, there’s another imminent source of more transparency coming.

Back in February 2019, a bunch of media outlets moved to get the warrants,

associated with the application for, issuance of, and returns regarding warrants related to the Russia Investigation generally and the Stone prosecution in particular.

The government interpreted that request this way:

It is unclear whether the movant’s request is limited to warrants issued pursuant to Rule 41 or also includes warrants under the SCA. In an abundance of caution, the government is treating the request as covering both categories. It is similarly unclear whether the reference to “warrants relevant to the Prosecution of Roger J. Stone, Jr.” means only warrants to search Stone’s property and facilities or includes other warrants that were executed as part of the same line of investigation. Again, in an abundance of caution, the government is treating the request as covering both categories.3

3 The government does not understand the request to include warrants that were not related to Stone or that line of investigation but that merely happened to yield evidence that concerns Stone and is being provided to him in discovery.

Back in January, the government said it could release the materials most closely related to Stone.

MR. KRAVIS: Yes, Your Honor. We believe that there are some materials in the warrant affidavits that can now be unsealed — in the affidavits that are responsive to the access request that can now be unsealed in light of the conclusion of the Roger Stone trial.

THE COURT: All right.

MR. KRAVIS: However, there are other materials in those warrant affidavits that the government believes should remain under seal either because those materials relate to other pending investigations — that is, investigations other than the one that culminated in the Roger Stone trial — and materials that implicate the privacy and reputational interests of uncharged third parties. And so the government’s request at this point is for the Court to set a deadline — the government would propose 60 days — for the government to go back and review the search warrant affidavits that are responsive to the movant’s access requests and make a recommendation to the Court as to which materials can be unsealed and which materials should remain under seal. And then the Court would have an opportunity to hear from Mr. Stone on that point, and then the Court could decide how to handle the matter from there.

Based on that schedule, the government submitted 33 exhibits — each of them, presumably, a warrant application — under seal for the court’s review.  After Judge Christopher Cooper ordered the government to give Stone a copy of the warrants so he could argue to redact more of the affidavits, the government asked that the protective order from the trial extend to these warrants because, “not all of them were previously provided to counsel for Mr. Stone in criminal discovery.”

After getting a COVID-related extension, Stone and his lawyers have until Friday to object to the privacy and grand jury related redactions in the warrants in question.

The upcoming release of warrants targeting Stone is interesting not least because we may see why he was investigated for hacking and wire fraud (though those are the kind of affidavit filings Stone once said they would fight to keep sealed). But filings in his case (this ABJ opinion is the most detailed) described that he received just 18 warrants in discovery. Which means there are 16 warrant applications that Stone had not seen before a few weeks ago, which either targeted people like Jerome Corsi and Randy Credico (and maybe even Steven Bannon and Ted Malloch), or of a scope previously unknown.

In the pandemic era, things have a way of getting delayed. And Stone has made it clear he’ll try to hide details explaining why the FBI thought he might have liability under the CFAA.

But as we’ve been focused on COVID, the release of Stone-related materials in the wake of his trial has inched closer.

Update: Judge Walton scheduled a status conference for June 18, which will likely be the earliest that we might learn what else he’ll release. And Stone submitted their response on the 33 warrants this morning, under seal.

Update: Stone did not object to the government’s redactions, so Judge Cooper ordered the government to release the warrants (there are actually 33, not 34 as I initially wrote) on Tuesday. The redactions include non-public information on pending investigations.

Jack Burkman and Jacob Wohl’s Pathetic Disinformation May Finally Matter

Yesterday, Jack Burkman (he of the press conference with his fly down) and Jacob Wohl (he of the precocious financial fraud) had a press conference at CPAC yesterday to spew disinformation.

Again.

They claimed they were releasing all sealed documents from the Roger Stone trial, not just juror questionnaires, but also grand jury testimony. Their statements were inconsistent about whether, by “sealed documents,” they meant everything that had been loaded onto the docket (which might include just Steve Bannon and Randy Credico’s grand jury transcript, both of which were litigated before the trial), or everything released in discovery to Stone.

They purported to be journalists exposing a miscarriage of justice of an American hero, by which they meant Roger Stone.

They were given to us, they did not come from Roger Stone, they did not come from anyone on his defense team, we’ve never met Roger Stone. … What happened was court packing.

They claimed they had a journalistic duty to release these documents to show a systematic conspiracy, led by Judge Amy Berman Jackson, against Stone, to pack the jury. They claimed, “Not a single juror” on Stone’s trial, “watches Fox News,” that they are instead “religious Rachel Maddow viewers.” They also claimed one could never have a lawyer on a jury.

The documents released (which I won’t link) demonstrated, once again, that their implementation was embarrassingly shoddy and their claims were false. All they released were juror questionnaires, and they didn’t release the questionnaires all 12 jurors. They uploaded the questionnaire of one juror twice (making ten total). Those jurors described their media diet this way:

  • occasionally a CNN headline
  • DC Fox 5 News
  • Fox 5 News
  • New York Times, established news sources that appear in my Google Feed (WSJ, Washington Post, etc.)
  • Wall Street Journal
  • NYT, Washington Post, NPR
  • Washington Post, NPR
  • Washington Post, Facebook, Twitter
  • Washington Post, PBS Newswire, NPR
  • Washington Post, Apple News Service, Twitter, Facebook, New York Times, CNN, Politico, The Hill, CBS News, “not regularly, but CNN Shows (Anderson Cooper), MSNBC — Rachel Maddow/Chris Hayes

Admittedly, local Fox News is not the same thing as Fox News Channel, but at least two of the jurors listed it as their primary news diet, a refutation of Wohl and Burkman’s entire premise.

The last bullet — the only one specifically naming Rachel Maddow — is from the foreperson, the woman on whose selection Stone based his bid for a new trial (and for more juror information on which Mike Cernovich is attempting to intervene in Stone’s case). But all the foreperson’s questionnaire shows is that Stone had notice of her liberal news watching diet during voir dire, and his team didn’t choose to disqualify her. That is, they are to blame for her presence on the jury, not ABJ or the DC District Court or anyone but Stone.

Likewise, just four or five jurors said they had heard anything about Stone’s case.  Three who had seen coverage of Stone had generally remembered his arrest (which, given the right wing propaganda suggesting he was ill-treated, would have been helpful to Stone). Again, the foreperson is the one person who commented negatively, describing that he “is accused of inappropriate contact Russian officials in the effort of helping Mr. Trump’s campaign for President.” She is also the person who had the most family members — a niece and a brother — who had been prosecuted for a crime.

Wohl and Burkman claimed that the jury was packed with CIA people and lawyers. In reality, that consisted of two people (including the foreperson) who each said they had a single friend who worked for the FBI, one person whose father had worked for CIA for 2-3 years in the 1960s before the juror was born, and one person whose son is in the Coast Guard.

This is the frothy right’s idea of a Deep State plot against Roger Stone.

Wohl and Burkman did not mention that the juror with the most direct, high level current political connection has a spouse who appears to work for a conservative Republican Senator.

In short, like all their hoaxes, this one was badly executed and based on lies.

But the poor execution may be the downfall. The released documents don’t actually reveal anything beyond what had already been identified during the initial frenzy against he foreperson (and since the foreperson gave credible responses in the hearing, backed by the testimony of two other jurors who said she was one of the last jurors to vote to convict). But Wohl and Burkman failed to redact the handwritten notes about a potential juror on one of the questionnaires.

This is going to make it easier to identify the potential sources for this document, something that ABJ was already trying to do in the hearing earlier this week.

There is a concerted effort on the part of the frothy right to violate every single norm of jury service, all to discredit a slam-dunk case against Roger Stone that even Bill Barr said was righteous. And for once these shithole hoaxsters may have done some good — in the form of helping the FBI figure out who’s behind it all.