Go you Noah.
1
The DOJ is slowly learning how to work like the NY Mafia. Americans need to be patient at the transition from Anglo-Saxon ethical values to crime non-values.
3
The photo of Roger Stones with the mafia styled smirk on his face is what catches the eye; he knew all along that the game was rigged in his favor. The buck stopping with an individual who will go to any lengths to set him free. So a slap on the wrist and away he goes.
All Trump's minions know that so long as their potentate remains on the throne.....errrr.....in office, that they will walk away relatively unscathed. What's next? A celebratory dinner with the POTUS? A dancing with the stars turn on the celebrity circuit? What?
Is this even America any more?
John~
American Net'Zen
3
So AG Barr was correct, four over zealous deep state prosecutors were wrong and the media goes nuts? And now Judge Barrett must decide if the jury was tainted by an activist anti Trumper?
It’s like the NYT was the jury. Guilty! Lock him up!
Stone couldn’t get a fair trial anywhere near DC, and now they light their hair on fire.
1
In neither articles concerning Roger Stone's sentencing hearing is mention the entourage that he brought with him to the courtroom. Included were Proud Boys. Hopefully I do not have to tell you who the Proud Boys are. Everyone knows that Stone has been a very close associate and political advisor of President Trump for decades. Trump publicly defends Stone who is a Neo-Nazi white supremacist...
5
Our nation is now officially a pathetic bumper sticker. Well played, Putin. Short nerdy little man.
1
Noah - you are one of the legal system's brightest stars with knowledge and wisdom concerning U.S. law far greater than 99.9% of us.
Can you suggest legal means - constitutional means that would enable us to get rid of this most corrupt and corrupting president. Anyone with with a fair and open mind would likely agree - this guy must go. If the constitution cannot solve this, what can we do besides waiting for voters (including Russia, dirty tricksters, voter suppression, voter fraud, Republican fraud fearing white people like me will be a minority on 25 years, etc.)?
Is this is "fatal" flaw in our constitution? How can we allow a fully corrupted Republican party and 100% of trump's cabinet, both of which incredibly are now nearly 100% spineless sycophants who will do ANYTHING, including destroying our democracy, to keep this thug in the most important office in our nation. Clearly, we cannot allow a flaw like this enable someone like trump to get away with this level of criminality, corruption and cruelty.
5
General Barr has transformed himself from a respected former Attorney General in the Bush Administration into a common, garden variety, lickspittle.
55
As a citizen of your nearest neighbor with a home in the United States I absolutely shudder, once again, at what a sham of a "justice system" your poor citizenry suffers under. Only in America, or some [other] tin-pot dictatorship, could a President get impeached despite his office's abject refusal to comply with lawfully ordered subpoenas for testimony and records, one of his many cronies get convicted for actually lying under oath to the Congress that impeached the President, only to have that same President's hand-picked Attorney General publicly under-cut the sentencing position lawfully advanced by the career prosecutors with actual conduct of the file. Does anyone doubt for a second that a Presidential pardon is imminent given the completely baseless, un-hinged tweets from the POTUS attacking those poor prosecutors and the judge? If we somehow make it to November without that same intellect driving us all into some nuclear holocaust, can anyone sanely predict that all the insanity on the Democrats nomination side of things will not see your equally broken Electoral College system deliver us four more years of this? Oh wait, there's that pending law suit about the Impeachment hoax entitling him to a third term...This is democracy? This is the greatest nation on earth?
12
Remind me again how many months Bill Clinton was given for lying to congress via sworn testamony
Why isn't anyone talking about what Roger Stone knows about the arrangement between Putin and Trump about his election and re-election. Stone can talk- that is why Trump will pardon him!
16
How many times did Barr "ask for a sentence far less than that called for by sentencing guidelines ?" Answer: None.
Just as how many times did Trump show interest in corruption in Ukraine before the 2020 election ? Answer: None.
16
a lot of what barr has been doing are way beyond the norm. his starting to try and create any kind of doubt regarding the origins of the investigation into the trump campaign during the 2016 election and the obvious involvement of russia is a classic form of mis-information and and intention on trying to muddy the truth. the fact that he is looking for lawyers outside of d.c. to look at the case involving flynn who clearly confessed and pleaded guilty is just more of barr using the doj as some kind of trumpian anti-fact machine. no one should be surprised that over 2000 former employees of the doj have signed that letter asking the barr resign. the trump regime is the worst this county has ever had and will continue until people just stand up and say that enough is enough regarding trump's corruption and endless lies.
9
The prison sentence of more than three years-imposed Thursday by a federal judge on Trump associate Roger Stone demonstrates that Attorney General William Barr was correct in his assessment that trial prosecutors were seeking an unduly punitive sentence. Barr advocated a term of 36 to 40 months. The four prosecutors, two of whom worked for Mueller, requested an absurd seven-to-nine-year prison sentence for Stone. Barr determined that this was “excessive” and suggested that the prosecutors had become so invested in their case that they had lost perspective. Barr directed that the sentencing recommendation be revised to reflect a more appropriate penalty in conformance with federal guidelines. Federal Judge Amy Berman Jackson agreed with Barr’s assessment and meted out a punishment of 40 months. In so doing, she vindicated Barr’s judgment. Her sentence also exposed as folly the demand by more than 2,000 former prosecutors that the attorney general resigns. Importantly, Trump’s provocative tweet that the original sentencing recommendation was “horrible, unfair and a miscarriage of justice” was posted after Barr’s decision to revise it. In retrospect, Trump was right. But none of this seemed to matter to the ex-prosecutors who chose to prejudge the attorney general’s motivations as nefarious.
2
@NYChap read the article re 'sentencing guidelines'
20
Noah
What you intentionally fail to recognize is that all the charges against Stone are the result of a fraudulent investigation. Had the Democrat party accepted Clinton’s failures and chose to deal w a Trump by pursuing better governance, instead they manufactured a fake crises. Stone should never have been investigated in the first place. You know that
1
It seems that Judge Berman agreed with AG Barr. The recommendations of those 4 prosecutors was excessive.
4
That the Times applauds the way the Stone prosecution and trial were handled comes as no surprise, considering just how partisan the Times is regarding anything related to Trump. . But placed in the larger context of how similar criminals (ie, first time offenders) and similar crimes (.e. those committed by anti-Trump forces in once-high office )-are punished, the Stone case screams unfairness. One can be sure that if Comey or Hillary were to be legally hounded, prosecuted by an a priori prejudiced prosecutorial battalion and subjected to a cal for a 7-9 year prison term the Times would be churning an endless series of editorials, op-eds and articles crying foul and clamoring for a benign verdict.
1
The difference is that Comey and Hillary were never shown to have broken any laws and Stone lied, cheated and broke numerous laws as have all cronies of the Trump Putin pArtnership
17
Prosectors bizarrely recommending a sentence of 9 years for a non-violent crime with no real victims was “like nothing I’ve ever seen so far.”
15
@Conservative Democrat
No real victims??? He threatened to kill a witness's dog, if not the witness himself. And we are all victims of his blatant lies and dirty tricks, which undermine the rule of law, the cornerstone of our society.
52
President Trump’s campaign adviser, Roger Stone, was arrested by an FBI SWAT team, tried and convicted for lying to Congress and messing with a witness, and nearly had a book the size of a blue state thrown at him at sentencing.
Meanwhile, Andrew McCabe, the fired FBI deputy director who, while in his official capacity, lied under oath in violation of a federal statute, won’t be charged by the Department of Justice (DOJ) for any criminality.
2
Nothing that happens in Trump’s DOJ will make Democrats happy.
1
Nor prosecutors that try to uphold the rule of law.
5
@Keith Colonna
I disagree. There are routine matters being done well but there are Trump related matters being handled in the "banana republic" mode. Not only does this not make thinking, intelligent people of all political persuasions happy, it is a road to tyranny.
7
Rational Americans will counter
What the Obama Administration did with weaponizing FISA to spy on Americans is nothing we have seen before
5
So it looks like William Barr was correct and fair, just like the Judge. Wonder what the other prosecutor's and those that signed open letter were thinking? Politics at its best possibly.
9
@History
"Correct?" It's not Barr's job. It's the judge's job. The prosecutors applied the guidelines. Those that signed the open letter were protesting political interference, not the sentence.
133
@History
Did you even know what barr did? He corrupted our justice system and worked as stone lawyer instead of protecting our democracy and rule of law. How did you miss that?
27
Are you saying like Judges, Prosecutors should not be seeking justice? What do you think they seek if not justice?
2
I'm sure his response to your question, "Has the Trump Department of Justice ever asked for a lower sentence for someone who wasn’t a presidential ally?" would be that only his allies are persecuted...I mean, prosecuted.
He is the most powerful victim in history, simultaneously claiming near omnipotence and complete maltreatment by "the deep state." It's beyond farcical.
405
Trump is a whiner. A classic bully—he can dish it out but he can’t take it.
32
Except that the judge herself agreed with Barr that the original sentencing recommendation was, in fact, excessive. Barr did the right thing.
17
@Michael
You mean she agreed that the Justice Department second recommendation and the defense request was too lax. And, she said, she did not "agree" with Barr, she came to her own conclusion.
The issue is when does Justice appointees overrule prosecutors. Answer the culminating question of this article if you want to persuade us that "Barr did the right thing".
59
@Michael If the DOJ always - ALWAYS - asks for a sentence within the sentencing guideline range (outside of the context of a plea bargain and this was no plea bargain), and in fact adopts a binding policy for the DOJ staff attorneys to never recommend a sentence below the sentencing guidelines, why is Barr interceding in this specific case? Why is the DOJ policy remaining unchanged? They filed what amounts to a defense counsel's sentencing memorandum asking for a downward departure from the sentencing guidelines. Why? The defense counsel will already make that argument and did so. The court deals with that every day. However, Trump and Barr decided to put their collective thumb on the scales of justice in just the cases where Trump's allies are involved. Next step? Criminal prosecution of Trump enemies based on non-existent crimes.
91
@Michael
Same would have happened if Barr and Trump had not interfered. What was their circus about - attention seeking, flexing their muscles? Look at me?
16
Democrats: run on a few simple things:
1) HEALTH CARE
2) INFRASTRUCTURE (not "infrastructure week scams")
3) A COMPETENT and QUALIFIED CABINET
4) SOCIAL SECURITY and MEDICARE STABILITY
5) RETURN TO DOJ norms of ethics
run on a few of these things and the current corrupt administration will fall. hard.
8
The short answer to your question clearly is "no". Which is fully in line with Trump's character and behaviour as demonstrated throughout his life. When you operate a on one sided vision of loyalty (all to him of course) and a keen agenda of vengeance, it can't be any other way.
3
More liberal gibberish....Main Justice reviews and sometimes intervenes in federal prosecutors' cases especially high profile cases.. This is to protect the accused from political and racial bias the prosecutors might harbor.
1
"It’s pretty obvious that this is anti-democratic and scary."
Such is the entire Trump presidency. A significant percentage of the Republican enablers will have surprises coming since autocratic government routinely purge their own. But soon the inadequacy of China Russia and now the US for mobilizing motivated public servants in the name of science and humanity will lead to ecologic collapse, including pandemics, and so it will end. This isn't chicken little. It's in front of our faces.
5
"... they knew what he wanted and were prepared to deliver on his personal and political wishes, tweets or no tweets."
This reads like a direct quote from Michael Cohen's testimony about this president's Mafia-style communications with his minions. Trump wanted something done, Cohen said he could read the signals and followed through in accomplishing the unspoken directive.
We need to salvage our democratic republic. Vote, vote, vote in November.
5
Cohen’s assertions were confirmed when we saw checks written by Trump himself, and by his company, to reimburse him for the cost of the payoffs. If Trump really didn’t mean for Cohen to pay off the Playboy and Porn Star, do you really think he’d have reimbursed Cohen!
When the President “suggests” something happen, his underlings take that as an order. Just like Ukraine’s president seeing the request for a “favor” as an order. When you’re the one in the power position, suggestions aren’t really suggestions.
4
Roger is playing a game and he loves it.
Donald is playing a game and he loves it.
They love the attention, the drama, the chaos, the stress.
Don't think they're troubled by this. Rules for healthy people don't apply.
13
"Can it point to a single case in which the defendant was not an ally of President Trump, or someone who could testify against the president, where the department overruled career prosecutors to ask for a sentence “far less” than that called for by the sentencing guidelines in a case that went to trial?".
Check the First Step Act signed by Trump.
3
@Alex K He signed it in part because it came to him with a veto-proof majority. Nevertheless, it's a good start and a broken clock is right twice a day.
5
@Dave B: The First Step Act was a major achievement of Trump by which people who usually vote against Trump and Republicans, and who do not have much influence are getting released way ahead of their full sentence. The outrage against Barr and Trump in the case of Roger Stone is unwarranted and it is phony. Even the Judge did not feel he deserved the recommended sentence. Trump's unPC talk is good for our democracy, not a trhreat.
2
@Alex K I agree it's a major achievement for the country. Not sure how much credit goes to Trump. The outrage against Barr and Trump is well-deserved and it's not based on Stone's sentence. It's based on the flouting of the processes and norms that make our DOJ the envy of the world and the one of the best safeguards we have against chaos and loss of our freedoms. The judge certainly did not agree Stone deserved 7-9. Nor did I. His offenses did deserve it, but his personal situation (age, first offense) convinced the judge a lesser sentence was appropriate. Good call. In any event, this has been a very bad week for Mr. Barr.
6
Until Trump, Nixon was the biggest crook in American national politics.
Stone may not have deserved nine years for his first offense -- we have too many in prison for too long -- but he should be confined for life for that hideous tattoo.
11
Barr has done exactly what he did to Muller report that became his baby and thought this too was his baby, disregarding the role of judiciary in this case
11
This article should have linked to the two sentencing memos:
First memo (Feb. 10 - recommends guidelines, with enhancements, 7 to 9 years): https://www.documentcloud.org/documents/6773167-D-D-C-19-Cr-00018-Dckt-000279-000-Filed-2020-02-10.html
Second memo (Feb. 11 - left to Court's discretion, but recommends "substantially less" than guidelines): https://www.cnn.com/2020/02/11/politics/roger-stone-sentencing-memo-updated/index.html
2
Trump/Putin ticket in 2020 all with the Republicans' help to create a banana republic where Trump won't leave his seat in the Oval no matter who wins the election, if there even is one.
3
In other news, Trump and Co. open new office to monetize Presidential pardons and clemency.
8
Barr should be impeached and disbarred. Why hasn’t he been?
7
@jbk
Because we no longer live in a democracy governed by rule of law.
4
Trump on the innocent black and Hispanic men wrongly accused of murdering a jogger in Central Park: "Bring Back the Death Penalty".
Trump on the guilty white supporter who intimidated witnesses, lied to congress, and intimidated the judge: "Cannot allow this miscarriage of justice!"
11
How many people that Bookbinder wants to compare to Stone were targeted by rogue FBI agents and a special prosecutor conducting a fruitless investigation whose inception required lying to the FISA court? Apples to apples, please.
1
What is really anti democratic and scary is that the court including the judge are all heavily tilted against the President regardless of fairness in this case . The judge openly stated that she will show that Trump will not behave like a dictator . In a fair trial the only consideration should apply what really Mr Stone did and trying to punish him because she doesn’t like the President is a real miscarriage of justice . A Democrat in similar case would get maybe a censuring .
2
The recent interference in Roger Stone’s sentencing by AG Barr is another glaring example of this autocrat’s complete destruction of procedural norms in the Executive Office of the President. These norms have a Constitutional basis in that they have evolved to aid the President to, as Article II of the Constitution demands, “...take Care that the Laws be faithfully executed.” In this case, the procedural norm (post-Watergate) is one of non-interference by the President in Justice Department’s operations.
Trump is literally correct that the Constitution grants great power to the Executive. However, that little phrase “...take Care that the Laws be faithfully executed” may be one of the most powerful admonitions by the founders on the Executive. Though his Tweets about Roger Stone are not strictly illegal, they show a President who, to an egregious extent, neither “takes care” nor is “faithful” to the spirit that has imbued our system of government since its founding.
8
Even as far as this column goes - and everything the author says is true - it does not go far enough.
We are watching before our eyes, right here in America, the rise of a fascist dictator. Those who could say no (Republicans in Congress and on the Supreme Court) are saying yes.
Everything must be viewed through that lens. Trump’s and Barr’s assault on the independence of the Justice Department and judicial system in general aren’t a side effect of sticking up for his cronies - they are the goal. Destruction of any system or institution that can stand up to Trump’s unfettered, total power is their purpose.
We’re not going to have a fully fair election in November, with Trump cheating and Russia helping him, but it is an election nonetheless, and very likely our last chance to save our democracy. Vote blue as if your freedom depended on it, because it does.
9
"As Judge Jackson said in Thursday’s hearing, she made this decision based on her own assessment of the relevant facts, and she likely would have imposed a sentence below the guideline range irrespective of Mr. Barr’s intervention."
OK, so can we PLEASE treat this matter now as settled?
Hopefully Trump will not pardon him and he WILL go to prison for 40 months or a good fraction thereof.
But can anyone REALLY doubt that the sentence is in part a judgment on Trump? Trump is very much hated and since the Democrats could not get at him, they are sacrificing Stone. But one man should not go to prison for the crimes or bad decisions of others.
Let Trump and the NYT let this matter go. America does not need more fights. Forgive me for pointing out but Stone is not more important than climate change.
2
@Ludwig um...he's going to prison based on his own crimes, not those of others
2
The GOP has a history of politicizing the DOJ and Barr is the most recent tool to carry out the party’s goal to bend the scales of justice to suit their needs.
Lest we forget, in 2005 Karl Rove wanted to get rid of US attorneys who did not demonstrate loyalty and allegiance to the GOP and to the Bush administration so he made a hit list of offenders. In 2007, AG Gonzalez fired eight US attorneys for strictly political reasons. Six of those attorneys testified before Congress that they were bullied and intimidated by GOP lawmakers. Sound familiar? GOP Senator Arlen Spector spoke out against the firings and asked Gonzalez to remove the “blemish “ on the records of the fired prosecutors. Anyone in the GOP want to challenge Barr? Dream on, Dems.
In an op-Ed in this paper on May 2007, Arnold Burns in “Two Parties, One Law” wrote that the DOJ must be depoliticized and the AG should not be a cabinet position but should be a fixed term to ensure “no political hack or crony of the president could be handed the job. . . Changes in the occupant of the White House should not affect the way justice is administered.”
Four more years of Trump will mean justice will become a quaint anachronism.
Barr is no anomaly. This is business as usual for the GOP. Party loyalty above all else. God help us.
8
Let me get this straight, Stone ( a private citizen) lies to an investigator) and gets 3 years and McCabe ( a law enforcement officer) lies to Congress and gets to skate. What is the public suppose to think with this imbalance in the system?
I suggest they both serve 18 months, preferably in the same cell.
1
@leaningleft And yet McCabe did not lie.
See how that works?
It has become clear for some time that Trump is the worst US president ever.
What's still to be determined is, will he be the last?
7
Much ado about nothing. The Judge didn't "cave" she just used judicial "common sense." Let's hope democrats get off the hate trump bandwagon and let the country heal from the anger and lies spewed from the mouths of our politicians , pundits and law enforcement authorities.
3
@Pvbeachbum
Let's hope democrats get off the hate trump bandwagon
How about you ask the "president" to stop doing hateful and anti-American things? What about that?
This country will not heal until the "president" is out of office.
3
pish. follow wsj/fox to learn all is well because trump has the power and he used it properly.
1
By now we should be aware that money buys "justice" No money Plea Bargain and hope! Go to a Court like I did in Oakland County Michigan. One plea to felonies after another. Drugs and Mental illness! No problem. No help! Just plea and move on!
2
If Stone were black or other minority, it would not have happened, unless of course he were also a sycophant of Trump, and then it would have been cast as a blow struck for reformation of the justice system. As Trump does what he can to edge closer to one-man rule, this mauling of the Department of Justice and our national concept of the rule of law, rips the clothes off of the statue of blind justice and Trump has his way with her.
1
Barr is a political hack who has built his career on servile execution of GOP political goals. His main problem is that he is now working for the most corrupt President in modern history, a buffoon who literally ascribes to the dictum "L'état; c'est moi." Not that Trump understands that dictum; just that he is a total narcissist, who has remolded the GOP in his own image into a criminal conspiracy.
All this is taking place in plain sight, but the Susan Collins, Lisa Murkowskis and Mitch McConnells of this world went blind some time ago. The only cure at this point is the total destruction of the GOP; the party is afraid to do its duty, and its politicians are too cowardly to obey their Oaths of Office.
3
You ain't seen nothing yet!
Just imagine the potential for dysfunction if Trump is reelected. Add to that a couple more Trumped Supreme Court justices.
Meanwhile the Peanut Gallery is convinced that Roger Stone is a victim of Hillary Clinton who DESERVES a pardon. They are impervious to facts and incapable of critical thinking. They elevated a two-bit con artist to the presidency and now believe that they are savants.
5
Barr is unqualified to be an attorney, let along AG. Both require, by oath, truth, adherence to the principles and codes of justice and to the Constitution. In addition, the DOJ should be completely apolitical in order to assure fair process - it is far from that; as far as it could ever be.
Jeff Sessions, with all of his warts, was a far more competent AG than Barr would ever be, just by virtue of having recused himself from the Russia investigations involving Trump. Barr, without any hesitation, stepped into office armed to the teeth to distort and discredit one of the most consequential criminal investigations in this nation's history. For that he should have been imprisoned - for lying to Americans and defying his Constitutional responsibility, which he has chosen to ignore.
NO AG SHOULD BE UPHOLDEN TO A PRESIDENT - only to fair nd impartial justice. Barr is a criminal for having abrogated his responsibilities.
The fake hoopla about him not being able to "do his job" in the midst of Trump's moronic Tweets is theatre of the absurd. They have undoubtedly constructed and coordinated this fake scenario to distract from what they are plotting out of sight, under their corrupt table of perversion.
We now have no impartial justice in this country. I hope that makes Republicans happy for what they have done to a nation that used to be, before Trump and them, great.
6
@RealTRUTH
Hmm.... Eric Holder??
who writes and approves the sentencing guidelines?
1
Well, Barr is going to testify before Congress again at the end of March. First to address lying before Congress over the Mueller report. However, Barr will also face questions concerning Stone and other infractions. I'll be surprised if the House Judiciary Committee doesn't take the opportunity to hold Barr in contempt. Party-line vote but contempt all the same.
That should give the Bar Association the leverage it needs to disbar AG Barr and force his resignation. Barr should have already resigned. That he's still the President's lawyer is a contemptible offense in its own right.
4
Can they really disbar AG Barr?
@East Coast
Yes. Whether in contempt of Congress or inherent contempt, the ABA can disbar AG Barr. However, the issue would most likely take years to resolve. See the case of Eric Holder.
To quote the ABA:
"...prosecution of criminal contempt of Congress is rare, for understandable reasons. In the Barr case, for example, if the full House approves the contempt recommendation of its Judiciary Committee, the citation would be forwarded to the U.S. Attorney's Office for the District of Columbia, which can seek an indictment from a grand jury. But federal prosecutors, including all 93 U.S. attorneys, work for the attorney general and are under no legal obligation to pursue a contempt charge against him."
Technically, speaking the Bar doesn't have to wait for a criminal conviction. However, the ABA is unlikely to do so without one and a DOJ controlled by Barr will prove unlikely to produce one.
That's why inherent contempt is a more viable option. While not criminally binding, the Judiciary Committee can provide the ABA the political cover to take action against AG Barr.
It doesn’t just call into question Mr Barr’s fitness for office, it demonstrates it clearly.
5
Right. The judge caved. She recognized the jig was up and threw in the towel, acknowledging the ugly truth behind the official truth--that blind justice holds only so long as the fragile web of civil agreements to make it so stays in place.
If people in power are determined to sweep it away, they bring out their brooms and start sweeping.
What has she accomplished by bowing to this unofficial truth? Perhaps she has proofed the case against any reasonable appeal, if an appeal was even a possibility.
Perhaps, for a very short time, she has forestalled Donald Trump's inevitable pardon.
But no one is fooled. She did not rule independently on this sentence. And no one could argue otherwise. This sentencing decision will always be tainted with the facts of what preceded it. And they are undeniable.
2
Jackson? Surely you mean Barr!
2
The Sessions Memo was aimed at reversing the will of the voters in those states that legalized marijuana. Among its specific targets were low-level distributors of cannabis products.
It was not aimed at Anglo, white-collar, wealthy Republicans. Any attempt by Barr to hide behind the Sessions Memo is just another Republican lie aimed at dismantling the rule of law in our country.
3
With all due respect, I think it's a little late to talk about "protecting" the rule of law. At this point, we need to rebuild it.
10
I guess it is true that we get the kind of democracy we deserve. It seems to be drifting into a quasi-monarchy quickly.
8
The Justice Department's acknowledgment that the guidelines underlying its recommendation for Roger Stone's sentencing are “perhaps technically applicable” makes me laugh. "Technically" is a word lawyers use when they know perfectly well that a law is applicable, but they don't like the result it gives. That is true in colloquial speech as well. When someone uses "technically," it means that the person knows the answer but wishes it were not so.
It really is a wonderful admission by the Justice Department that it is refusing to administer the law professionally. The Department's debasement under Trump and Barr is complete.
9
We cannot ignore that the judge asked the lead prosecutor at the sentencing hearing about the "Recommendations for sentencing departures or variances require supervisory approval, and the reasoning must be documented in the file.” That is required by the Sessions memo. The Barr appointed prosecutor flaunted the memorandum and stated that he was "not able" to provide that information for reasons that he refused to state.
The suppression of the record of that decision is another instance in the growing number of cases of obstruction of justice of which the Trump administration is guilty.
13
" while lower than the guideline range that the career prosecutors recommended, is not unusual; in 2018, federal judges imposed sentences outside the guidelines in about a quarter of all cases nationwide"
Yes, we all know: where the rich and influential are concerned.
5
Barr was asked if he communicated with the white house and said no.
So what? It's so clear, even before the president's tweet, what trump would want, that it doesn't surprise me that Barr already had this decision in the pipeline.
Barr's attack on trump did not strike me as saying "let me do my job" so much as "let me do my job for you, without people having a reason to think I'm doing it for you."
12
Mitch, embarrassed by your boy yet? You have to wonder if there is anything he could do to earn a GOP reproach. I'm sure shooting people on Fifth Avenue wouldn't be a problem at the moment. If you don't watch out he'll be accepting illegal election help from the Russians.
7
How soon can Stone be locked up? At least he ought to serve a few days before Trump bails him out with a pardon. Stone was unrepentant, arrogant and sneering at all values of justice and fairness in elections that strikes at the heart of our democracy.
Judge Berman got it all right about his behavior and the political machinations by our fascist leaders. As far as Barr is concerned, his conduct is grounds for his resignation. He first showed his skunk when he distorted the Mueller Report findings to claim there was no collusion.
9
Like the con man, Barr needs to be imprisoned for the criminal acts committed by them. Like the emperor, both have no clothes.
People wake up - time to defeat the con man and send them to where they belong.
6
The bigger and disastrous issue is this:
Roger Stone - conduit to Wikileaks, which was the conduit to Russian intelligence hackers, who were the conduit to the Kremlin and Vladimir Putin - will very likely be pardoned by Donald Trump for his crimes related to his role in helping rig the 2016 Presidential Election in favor of Putin's preferred candidate, Donald Trump.
Thusly, the United States of America slides into 3rd-world tinpot dictatorship status.
Decent Americans do not vote for Republicans anymore.
November 3 2020
13
So says wise Socrates from the land of Spartacus.
It's time to face facts: Trump is soft on crime. That "kids in cages" was just false bravado.
2
I guess 2,000 ex-federal prosecutors must be wrong
I can understand that
But I think I know why the spineless judge
Lowered the recommended sentence
If the sentence was nine years
trump would have immediately pardoned this bum
Michael in bx
1
This is just the beginning. If The House does not begin an immediate investigation into Barr/OJ Trump the pardons for those caught in RussiaGate will begin cascading down Pennsylvania Avenue.
Trump may well and should be the first POTUS to be twice impeached.
4
Does this go both ways? Do democrats and the allies get longer sentences?
4
Wait a week until he's pardoned on the condition he digs up dirt on the leading Democratic candidate...
3
There is no doubt, Roger Stone got off easy for his crimes.
Next, the (p)resident will pardon him.
Maybe this will be the next campaign slogan of Trumpski:
"I support criminals who support me! Make Crime Normalized!"
5
Barr is a disgrace to the legal profession.
7
The DOJ used to pursue criminals - now they are the criminals!
America the tragic...
4
Barr is not an idiot, he knows that everyone now knows that he serves Trump like Trump is the sovereign head of state. He further knows that unless somehow the President is turned into a kind of king with a four year term limit, he is going to look like he's betraying his oath of office. Why he would do such a thing is not obvious. It would seem that Barr does want the President to be a sovereign ruler for some reason not clear. It could be that he actually does not have any confidence in democratic governance because it's godless and he thinks that God should be part of government, so he really would like the President to be an anointed ruler.
2
@Casual Observer
You wonder why Barr would so obviously serve the president instead of the country? One opinion is that Barr wishes to be nominated for the next open Supreme Court justice seat. If that happens, how many far-right Christian jurists would that make on SCOTUS?
1
Noah Bookbinder
What Barr Did for Roger Stone Is Like Nothing I’ve Seen Before
Duh, who has? And who's going to do something about besides no one?
2
With deepest apologies to Mel Brooks:
"Ooh yes it's good to be the king, Ooh La La
Gee but it's good to be the king, well c'est la vie (make that la mort)
You can be sure about one thing, Ooh La La
Ooh yes it's good to be the king, well it was good while it lasted
We can be sure about one thing, Ooh La La
Mais oui, it's good to be the king, it's good to be the king"
3
As a citizen very concerned about the present erosion of the rule of law, I want to know the most effective way the public can register a demand that this situation be addressed. Who should I call or write to, daily if necessary, to put pressure on until Barr's program is dismantled?
thank you.
2
Law doesn’t apply equally to all citizens,
There are two classes of trump voters,
Class-1; the rich and powerful billionaires and the well connected - a select few in the affluent cities
Class-2; the miserable millions in the rust belts, farm belts and the coal mines .... who show up in trumps rowdy political meetings wearing the stupid red hat !
The law doesn’t apply to the class-1 but the class-2 face the brunt of the law !
6
I've finally figured out that I loathe Stone's perpetual sneer even more than I loathe him. (Yes, this is how utterly and despicably soulless this guy is.)
8
Money walks... still.
4
It's very hard for me not to hate Republicans even when they are friends and/or family.
10
Electing a crime family, who in turn hired criminals, is nothing like any of us have seen before. Legally, it's just stunning in all its absurdity and horror, and somehow, a group of Americans think it's fun. OMG
17
We should all acknowledge the corrupt, banana republic that the spineless congressional republicans have proudly allowed the United States of America to become (excepting Sen. Romney). What do they do for an encore; crown the creep, “King?”
8
You haven't seen anything yet. After his 2nd (and lifetime) term begins the U.S. will become a full-fledged Putin/Xi style autocracy. GOP ecstatic.
12
Well it’s all just dilly dallying until Dictator Trump sets things straight.
Oppose him. Rally against him. Be heard. Do something!
9
Undeniably, there is a “cancer on the Presidency” and on the Department of Justice. How can the everyday citizen have any faith that the laws of this country are being fairly executed by either institution? The constant undermining of our system of justice by this cavalierly corrupt Administration will eventually destroy America as we know it, with the rot spreading from the inside out. They are clinking champagne flutes in the Kremlin with regularity.
10
If we get the government we deserve we are truly a despicable nation. Maybe God did want Trump, to punish us and turn us around. Or destroy America as we know it.
5
Welcome to America where coruption, greed and lawlessness thrive. Protected by the Supreme Court and the DoJ, supported by Congress and implemented daily by the President!
10
Who or what entity is footing Stone's legal bills which must be astounding in itself? Where does his income flow from and who bankrolls his elite lifestyle while he undermines democracy in America to support corrupt tinpots ?
5
Trump, with a boost from Barr, has ripped the blindfold off Lady Justice. We are no longer the country that can espouse rule of Law with a straight face. There is one set of draconian laws applied to desperate immigrants, poor people, people of color and most harrowingly, political foes. Then, of course, there is the lack of justice altogether when it involves friends of Trump, the Wealthy or celebrities airing grievances on FOX. Blame partisan judges, partisan juries, conspiracy theories, ignore the facts. We are in dire straights America. #VoteBlueNoMatterWho2020 no matter your politics. We are all democrats until we right this ship.
9
Trump's rule book: Rules are for others and are meant to be broken if he feels like doing so. Will he pardon Stone? Probably so. Will he have to explain himself? Probably not? Will anyone be shocked? Probably not? Is there anything that will happen besides a day of media outrage? Probably not. Teflon Don!
5
Why not use this abuse of power as another article of impeachment? Obviously, Trump hasn't learned his lesson.
9
Do not forget what Roger Stone did. He has the closest knowledge of what actually happened with Wikileaks and the Russians. He lied to Congress about it and has continued to obstruct the investigation.
Trump desperately needs Stone to stay quiet. Stone is happily smiling over his anticipated pardon.
It may be lots of fun for the media to cover the show, the tweets, the latest barbs between the billionaires and the defenders of the common good. I beg everybody: do not overlook the treasonous behavior. Your number one job is to educate the electorate.
12
A Republican prosecutor decides to go for less then the guidelines for a convicted felon when most conservative legislators lean towards making guidelines mandatory. Conservatives who support Trump should send the judge a thank you note. Why is lying to Congress a crime, all they do is lie to themselves and their constituencies ?
1
Author: What Barr Did for Roger Stone Is Like Nothing I’ve Seen Before.
We are going on three years into the Trump administration and Bookbinder is finally shocked by Trump and Co. Where have all these pundits been for three years? Our country is disintegrating in front of our eyes and everyone thinks this is a business as usual political offense.
As it is. I do not think we are ever going back to national norms, bad as they were. We should be in the streets.
6
It's entirely possible that Judge Berman Jackson caved into trump and barr's pressure, but then again, perhaps she's just pulled off a brilliant move.
We all know trump would have pardoned stone in a second had the sentence been anywhere close to the 8-9 years the prosecutors were calling for.
So she halved the sentence as a "dare". Now, all eyes are on trump. Will he, after complaining that the sentence was excessive, let even the tiniest bit of Justice be served?
My guess is, late tonight, right before the news killing weekend, he'll issue the pardon anyway, thus putting into stark contrast just was a swamp loving scofflaw he is.
2
Please educate me, my other dear readers, why is Stone walking out of court after being sentenced?
Why is he not in a jail cell right now?
What did I miss?
3
I believe Ethics in Washington is an example of an Oxymoron.
4
This is part of a bigger picture.
Trump has become a full-fledged corrupt dictator, and the GOP is supporting him.
Trump’s extreme narcissism presents an imminent danger to America and to the world. The GOP caters to Trump’s every whim.
Trump has betrayed our National Security by repeatedly and consistently aiding a foreign power, Russia. The GOP has become the Gang of Putin.
Trump sees enemies among immigrants, refugees, minorities, the Press, our government agencies, and our Allies. The GOP has endorsed all of this.
We need to get rid of Trump and his GOP apologists.
Vote Blue, no matter who!
12
With career prosecutors existing the case or quitting the department of (excuse the expression) Department of Justice. Now you know, your entire system of governance is rigged.
2
I thought convicts were taken straight to prison after sentencing.
3
While I am nauseated at the state of our republic, there is a deeper reasoning behind Barr's actions.
While he is not as stupid and crude as Trump, he regards the entire investigation as illegitimate, beginning with the Mueller probe itself. His view on expansive executive power precludes the possibility of any indictment or investigation of a sitting president.
As a result, any indictments or convictions stemming from what he sees as illegitimate are, de facto, also illegitimate. It is a bizarre application of the "fruit of the poisonous tree" theory.
He's wrong and he's dangerous, but his actions as AG are consistent. In every way he is attempting to reverse the consequences of what he believes to be illegitimate attacks on executive power.
3
What makes this especially egregious is that Trump and Barr are calling for longer sentences on all other Americans. If you are not a toady for Trump not only will our justice department come after you but they will throw away the key. It is time to reclaim our Democracy! Vote in November as if your life depends on it because it does! Throw every Republican out of office.
4
That slow moving coup keeps picking up speed.
There is very little of our Republic left that our founders would recognize.
3
Does this look like a man who is worried!? NO, the fix is in.
4
Now are the times I have citizenship in a back-up country. The U.S. has gone off it's rockers and I feel it's no longer a safe and reliable country to hand your hat on.
2
Did Bill Barr buy the judge too? Probably not. So Bill Barr overruled his prosecutors who wanted to give Roger Stone 7 to 9 years (which I think is overly excessive) and recommend a shorter sentence. The Judge is the final arbiter in this matter. She is an Obama appointee so you can bet that she swings liberal to progressive. She was (from the little I read about this case) pretty harsh on Roger Stone (deservedly so he is a bad guy). But for this "writer" to insinuate that Bill Barr basically pronounced and influenced this final sentence is absurd and meant to arouse those people who accept at face value what these opinion writers have to say.
And many of you fell for it.
You think more than three years for lying to Congress is lenient?
You people have not only lost your minds; you have lost your decency.
1
@Stephen
CCongress lies to us every day...and keep getting re-elected!
1
There has never been a president like the don from New York City. A hustler and lair and four or five bankruptcies away from the bars. This guy doesn't give one hoot about America, he's never been to church before he found out they would vote for him. I'm disgusted with my fellow americans. vote
4
We can only hope true justice will be served to Roger Stone inside the walls of a penal institution.
As far as I am concerned, any AUSA who doesn't quit is complicit in what amounts to a fascist takeover being run by the Attorney General. There is no longer any reason to pretend that the rule of law has any vitality in the Department of Justice or the federal legal system. For regular people, poor people and people of color, Barr's directive is to seek the highest sentence possible. Those in the Department of Justice who go along with this unequal system of injustice are nothing but cruel bullies abusing their authority in fealty to a corrupt game-show host.
What this just goes to show is that when you work with criminals, you get crimes.
1
Who lied to Congress and did provably worse things than penniless and homeless Roger Stone?
At least Hillary Clinton,
James Comey, James Clapper,
John Brennen, Christopher Steele,
Peter Strzok, Lisa Page,
Andrew McCabe, Bruce AND Nellie Ohr,
Dr. Susan Rice, and Sally Yates.
Most of these people are living very comfortable lives and know nobody but possibly Mr. Durham will even even ask them a question or two.
Anyone lining up to insult Stone while defending the kangaroo court set up to deny him EVEN the right to SPEAK in public is no American in my eyes.
1
None of these patriotic Americans have been shown to have broken any laws while Stone was proven to have violated several laws as have all cronies of the Putin Trump partnership
In 2009, two members of the Black Panthers were convicted in a Pennsylvania court of standing in the doorway of a polling place during the 2008 Presidential election holding clubs and preventing voters who intended to vote for anyone other than Obama from entering by threatening them with physical harm. They were sentenced to several years in prison.
Eric Holder, Obama's Attorney General, immediately declared that they be freed immediately, before serving a single day. They were.
Look it up.
1
"Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly, and applying the wrong remedies."
---Groucho Marx
Trump is running the Justice Dept as a dictator would and now Trump is trying to run the Intel agencies as a dictator would. The GOP is fine with this as they are terrified of Trump's tweets and he has the power to throw them out of office and end any lucrative deals the GOP provides for loyal soldiers. Trump would use the immense power of the presidency to go after anyone of us who disagree with him. Trump attacks war heroes and pardons war criminals Trump pardons corrupt officials as identifies with them and 7 of his aides are in prison or on the way. Trump has defrauded Trump University students and Trump and his family are not allowed to run a charity as he defrauded Trump charity as well. Trump hides his finances has done business with America and Russian mobsters having been mentored by Roy Cohn notorious mob lawyer now replaced by AG Barr faking outrage a con job like Trump.
2
Yes, every day, for cooperators.
A fair question that will require a dishonest lie as an answer, but what else can we expect from the current Administration?
Spot on! It appears the rule of law is absent in the Trump administration, and that Barr is in servitude to his boss, instead of the country.
1
Trump just manufactured his own set of examples to point to when he pardons Stone - Kerik and the others. “Hey, I pardon all types of sleezebags, whether they’re my friends or not!”
This is becoming more and more like Alice in Wonderland..Who will our Red Queen fire next to make space for one of his sycophants? This is also very scary. How much will the toadies in the Republican party allow Trump to get away with before their alarm system kicks in? The Dems had better get their act together and get Trump out of the White House before he completely turns our country into a police state. I really would like to see him sharing a jail cell with Roger Stone or Michael Cohen.
2
Looks like you were in deep sleep Noah. "Like Nothing I've Seen Before?"
As the guys on ESPN would say; "C'mon Man?!!!!"
William Barr has no credibility on any issue. He has perverted the rule of law to advance the personal interests of his client. He has taken the wet clay which is the brain of his impulsive and very lazy client and shaped that blob of chaotic, non-linear thinking into a weapon to further Barr’s extremist view that democracy in America should stomped upon like a dangerous insect.
To William Barr, the U.S. Constitution had become a recipe for disaster before it was even ratified more than 230 years ago. Barr sees the ideal government as a medieval assemblage of privileged nobles who tolerate the peasants to till the soil, lay the bricks, shoe the horses, die in the occasional wars and run errands.
Attorney General William Barr should be impeached.
1
The Obama appointed liberal judges sided with Barr and against the Mueller team prosecutors. 40 months versus 108 months. These numbers tell the story. Everything else is spin.
The now departed prosecutors were trolling Trump and also tried to set up Barr and could not care less about Mr. Stone.
Even before this story fades to oblivion of all the other bombshell stories we have another Deep State set up breaking news. Putin is so thrilled with those antitank Javelins in Ukraine, American LNG competing with his pipelines to Europe and driving his volume and prices down, his allies in Iran on the ropes, and NATO and US military big spending increases he would do anything to see Trump rejected. Putin the most incompetent Mr. Evil ever.
Barr is no mystery.
He himself gave us the answer to his behavior when he said, “"I am at the end of my career … Everyone dies, and I am not, you know, I don't believe in the Homeric idea that, you know, immortality comes by, you know, having odes sung about you over the centuries, you know?"
And if you’re confounded by Giuliani, he feels the same way, as he himself told us, “I don’t care about my legacy; I’ll be dead.”
A couple of barn burners chucking it all to the wind, getting away with anything they can get away with, knowing they’ll never answer for it.
1
We’ve seen this movie before: Anyone associated with Trump gets prison time.
Anyone who orchestrated the soft coup against Trump gets a free pass. No charges against McCabe, Comey, Brennan, Clapper, Strzok. Page, Ohr, et al. No charges.
We have a two-tiered system of justice.
1
Sadly there is noting that can be done until the president is defeated in November.
Vote for you life in November as there is a dictatorship in the making if you don't.
3
This is our country right now. Barr, Trump, McConnell are running the show and they're doing whatever they like, with no regard for the law or democracy.
1
Why is anyone surprised by this action on Barr's part. For the past three plus years, we've been watching the steady erosion of normal behavior across all segments of our government. Trump's past and current role is to break things. Unfortunately he's succeeding beyond anyone's wildest dreams. For all who think that elections have no consequences, here's the counterargument in spades. Vote while you still can...
4
The question that still has not been answered is why all this drama in public? Was there a reason it was played out in public and not behind the scenes? Trump has the pardon power and could have let this all play out then pardon Stone if he feels that it's so unfair. Did Trump want to show the Democrats that he is unchecked and doesn't care what anyone thinks as he's running the show and why is it we have to wait until March 31st to hear Barr's reason for all this? Someone should be asking these questions of Barr and Trump.
3
Noah:
The judge agreed with the second sentencing memo from DOJ -- that 7-9 years was longer than it needed to be.
Funny how there is outrage at Barr, but none at overly aggressive Mueller prosecutors. A careful analysis of the "sentencing" guidelines suggests that there was plenty of latitude for the shorter recommendation.
The "Sessions Memo" was intended to make sure bleeding heart prosecutors and judges don't go soft on criminals. To get tough on crime and impost harsh sentences. They never thought it might apply to white collar criminals or especially to Trump's friends and allies.
2
Mr. Bookbinder is pulling his punches when he writes "It calls into question his fitness to play a leading role in our nation’s justice system."
Attorney General Barr's fitness was called into question when he deliberately deceived the public regarding the content of the Mueller Report.
His actions in the Roger Stone debacle do not call into question Barr's fitness; they answer that question.
11
I wonder what "3 Strikes" prisoners are thinking today. You know, the ones that went to jail for extensive periods for a relatively minor third offense.
8
@Tom
Three strikes means three strikes. Being "out" is the penalty for the third strike. Otherwise, what is the limiting principle -- 100 strikes?
I've read at least ten articles in the last day that makes it clear that trump is a dictator in the making. From this story to the hiring of Richard Grenell the so called president is rigging the system in his favor. The upcoming election is the most important election in my lifetime. I shutter to think what our country will become if trump were elected for four more years. We all have to vote as if our lives depend on it. I'm very very frightened.
11
Mr. Bookbinder makes good points and makes them well. But his basic message, that Trump & Barr have trashed Justice, is useless: (1) Everyone paying attention already knows it. (2) Trump & Barr obviously think it's what many Americans want, otherwise why do it in plain sight and so aggressively?
5
Trump is making the claim that because he is head of the executive branch, and thus in charge of the Justice Department, he can do whatever he wants. Especially, he and his supporters claim, there are no constitutional constraints.
Trump and his supporters are wrong. The Take Care clause in the constitution requires the president to see that the law is "faithfully executed." In this case, all that required was that Trump do nothing.
Also—and this is critically important, but almost entirely overlooked—criminal justice is not purely a question of administrative power. The president, every president, lacks power to do some of the things criminal justice demands, such as to deprive a defendant of liberty, or even of life. For that, far greater power is required. And it is available. But it is not the president's power. It is the sovereign power of the People of the United States—upon which all criminal justice is based.
The president does not personify U.S. sovereignty. His job is simply to administer the prosecutors, not to dictate the outcomes, not at all. That is why the case against Stone was titled, "The United States of America vs. Roger Stone," and not, "The President vs. Roger Stone."
So once again, this time in the critical area of the administration of justice, President Trump has abused his constitutional power. It is another high crime. For stealing their power, and abusing it, the People of the United States should, once again, impeach Donald Trump.
9
So the threat that the threatened said that he never took as a real threat but just the regular carrying on between himself and Stone was the main item in the recommended sentence that the prosecutors used to recommend the lengthy sentence. Otherwise the actual sentence imposed was to be expected. Hmmmm....... Why would the prosecutors do that?
1
You’re talking about the same man who later admitted that he played down the threat because he is worried that some crazy Trump supporter is going to shoot him if Stone gets a lengthy sentence.
" ... decision to seek a milder sentence was made before the tweets ... "
And we have been assured that there was no communication between DOJ and the White House.
+++ nudge, nudge +++
** wink **
7
...political mischief-maker..." is way too kind of a way to describe this jerk.
11
That picture says it all, but my caption would be, “Sucka’s!”
4
The only surprising thing is that the author is surprised. Trump's strength comes to a large degree from his consistency, which is why every new "revelation" does nothing to affect his support. Those who voted for him in 2016 essentially knew what they were getting. His corruption, pettiness, vindictiveness, and nastiness have been there from Day One. Barr, Stone, etc. are merely variation on an ongoing theme.
To frame it somewhat differently, Trump is a winner in that he continually gets away with his garbage and outtrashtalks everyone else. Relevantly, people strongly like a winner, especially a brash cocky winner. That is why in certain eras Yankees hats were plentiful in Idaho and Alabama. That is why Warriors tickets are cheap this year. That is why the large majority of articles about yesterday's Democratic pseudo-debate are all about winners and losers, not about substantive issues or who might actually be a better President. The saying "the rich get richer and the poor get poorer" essentially applies across the board, not merely to one's wealth or the lack thereof.
12
Totally agree. While people like “winners” they dislike cheaters and liars. Trump himself is aware of this and that’s why he is so insecure and easily roiled about the legitimacy of his election. This could be his kryptonite. The more he is labeled a cheater the more defensive he will become.
Is there any evidence that Trump cares about fairness? Or that he truly thinks the prosecution of Stone was unfair? I don't think so. He only cares about himself and his power (and staying out of prison himself).
So why in light of all of Trumps compulsive lying does this column claim that Trump actually thought the prosecution was unfair? Trump's only thought is that the prosecution is opposed to his interests.
4
Many suspect Trump's concern comes from fear that Roger Stone knows some things that could hurt Trump if they come out. Whether that is true or not we have Trump arguing that the process has been very unfair and Stone should get a very light sentence. The maximum for the seven felonies for which Stone was convicted is fifty years. The guidelines calculate a sentence based on all the factors of seven to nine years. Trump tweets, Barr steps in, yet the public waits for the judge to rule. Three years and four months regardless of the spin seems like giving into Trump's demands. Lying under oath, witness tampering, releasing a photo of the judge with a gunsight crosshair next to her head and threatening to kill a witness to most of us would justify more than such a lenient sentence. Was the judge afraid anything more would trigger an immediate pardon from Trump? We don't know but this whole thing stinks, doesn't it? Our justice system under Trump and his Republican enablers is falling apart.
7
This nation slips further and further from its moorings in the Law, the Constitution and institutional norms, as if Trump and his henchmen enjoy thumbing their noses at those of us who still, perhaps quaintly (in their eyes), believe in the Rule of Law and all the underpinnings that seemed to hold our government to standards we could believe in.
And we see that slipping away. Verified by an article such as this one. And while it is heartening that some still recall what came before, other things are also slipping away that threaten the vote, our Free Press, the power of Congress, even the power of impeachment and so much else.
It’s like sand, slipping through our fingers. Every day.
6
Mr. Bookbinder,
Thank you for this article stating the facts so simply.
Though we may despair, as long as there are people like you who will stand up to the corruption we will survive.
4
Barr is an errand boy. No more, no less. Acceptance is key. He's going to continue doing the President's bidding because that is why precisely he's in that position. Folks need to stop acting aghast, stop pulling fire alarms on cable news, and go forward with the last remaining option, which is to support any efforts to vote this corrupt administration out in November.
9
I doubt there will be a case where Barr recommends a lower sentence for anyone other than a Trump minion. That Barr continues to show a complete contempt for the DOJ, the Constitution, and the law in general is not surprising. The report that he actually considered resigning over this incident is, however. But I'm sure he'll move on quickly and I have the fullest confidence that he will continue using the DOJ as Trump's personal vendetta machine with arrogant impunity.
5
Trump is destroying America and the Democrats are destroying each other. The supporters of Sanders aren't going to vote, if he isn't the candidate. Like last time. And he has no chance to win. Another conceited narcissist. Trump will win again and end America as we know it for good.
4
Rome is burning. Why are the Democrats not debating how President Trump is destroying the Constitution, the United States, our allies, and cozying up to Russia and Putin as they interfere and subvert our electoral process. Plans for healthcare are fine, but mention that Trump's plan is not, nor his plans for Medicare and Social Security, Snap programs, etc. This is what the Dems need to talk about!
10
t
Things are happening right now, in real time, that could only happen in a country without a sound respect for the rule of law by the top people in govt. I don't know how you get around that. Maybe it's not as bad as a true banana republic, or a long established dictatorship, but I think the term is applicable when the president starts interfering with the judiciary, seeking reprisals, making sweeping statements about the extent of his power, lying outrightly and inching himself towards full on control of everything. It's worse than I ever imagined it could be for a country like the US.
6
I for one, am tired of reading everyone's comments on every single Trump-related argument day after day about how they're "shocked" or "appalled" at the disintegration of our Democracy.
If you aren't out there doing something to remove the man from office, you are just as culpable as anyone else (myself included as I type this from a comfy desk chair).
Face it America, at the end of the day you're totally ok with all this. Because if you weren't, you'd be taking action, not touting words.
4
This case absolutely proves there are two different justice systems. One for the well connected, one for the not well connected. If I lied to the FBI or Congress, I would be so in prison. The only difference is, I can't afford paying bribes. I am what one may call, a sucker, or a poor person, or a chump.
4
The surreal thing about the Trump administration is that its parade of corruption (a daily exercise) occurs right before our eyes; and yet the so-called watchdog of corruption -- the Law -- does nothing to quash it. Where is JUSTICE? (Another question: What has happened to sanity?)
Is Trump really this mesmerizing? This iconic? This cunningly manipulative that he has succeeded in putting the entire U.S. government under a spell, while we "mere" commoners -- who refuse to be subjected by this Overlord -- must languish in projected silence?
The U.S. has become an unGodly place under Trump.
11
It might take only a single day for our nation to become a dictatorship. Each day we must ask ourselves, Is this the day?
Do not fool yourself into thinking that we will have plenty of time to do something. It can all happen in 24 hours or even less. The groundwork is already in place.
5
Judge Jackson didn’t do the country any favors when she handed down a sentence less that the originally recommended 7-9 years (which I assume is within the Sentencing Guidelines referred to in the op-ed but never actually stated). I doubt it will sit well with many in the DoJ when she said she “likely would have imposed a sentence below the guideline range irrespective of Mr. Barr’s intervention.” Stone is a guy who has disparaged the system (and the country) for decades, who lied to investigators, who “tampered” with a witness, and who threatened the judge who sentenced him—and all of that gets him just a little over three years? Pretty hard to feel like justice was done with a creep like Stone. The “light” sentence has every appearance of being the direct result of the intervention of Trump and Barr, and it plays right into Trump’s re-election.
3
The question is: Why do people believe and enjoy this ugliness? Stone is happy and dressed as if he's going on field trip to the British Museum. Trump is angry because somebody didn't kiss up to him. Firings, hirings, firings, oh my!
It's "like nothing we've seen"! What a world.
3
Barr is unethical, illegal and shameless in his pandering to this criminal president. In one year of service as AG he has gutted the independence of the DOJ and made it an attack dog for 45.
Barr lied about the conclusions of the Mueller Report on 45's obstruction of justice and collusion with Russia to win the election.
Barr contradicted the findings of the IG's investigation of the Russia probe.
Barr repeatedly announced the FBI was spying on the Trump campaign.
Barr was directly involved in 45's withholding money from Ukraine.
Barr oversaw the outrageous opinion stating the whistle-blower's complaint was not sufficiently urgent to report to Congress.
Barr is accepting information from Guiliani, who is engaged in non-governmental foreign policy, to benefit 45.
7
I have a problem with Roger Stone being identified in the lede as a “political mischief maker.” Mickey Rooney played mischief makers. The Merry Pranksters were mischief makers. Puck (foil of Oberon, not Wolfgang) is a mischief maker.
Roger Stone is a career political criminal who has flaunted his disrespect for the law and the sanctity of elections, for decades. His dishonesty is so pervasive that even his allies confess they have no idea what the truth is much of the time when dealing with him.
Stone’s actions have robbed people of their one precious vote in our democracy. He has aided and abetted the rise and retention of power by the most dishonest and least qualified President in American history, as well as Nixon, the most disgraced.
In a climate of hatred, and in view of potentially violent Trump supporters, Stone posted an image of a judge with a target near her head. Stone appears to have knowingly collaborated with foreign initiatives to tamper with our election.
This is not mischief. It’s treason. inciting violence, and deliberately weakening our system of justice.
12
A third world leader in a first world country passing through the second world on its way to the third.
3
Barr is not the Attorney General of the United States. He is acting as Trump's personal attorney. This ought to scare the living daylights out of every person in America. It means that Barr is not capable of being fair or impartial. His goal is to please, placate, and satisfy his employer and his employer is Trump, not us. This is how laws are distorted and how dictatorships begin.
5
Noah, this is the symptom of a worse and graver issue. In times when the country is so polarized, justice has become an issue of whether the prosecutors, the judge and the majority of the jurors are Democrats or Republicans, Trump haters or Trump supporters. In the case of the Stone trial they "happened" to all be Obama appointees and Trump haters, the judge was an Obama appointee and the jury foreman (forewoman) was a rabid anti-Trumper as per own words and tweeter feed, although she had lied and pretended otherwise. So we no longer have justice and ethics, it has all become a partisan game. Maybe Barr intervened because this is all uncharted territory now, we've all turned the US in a banana republic.
1
This little comedy skit playing out between the president and the attorney general is reminiscent of a Laurel and Hardy or Abbot and Costello routine - slapstick vaudeville.
The idea that Barr is in any way "standing up" to his boss is ludicrous.
5
Barr, like Pence, Pompeo et all lacks the courage to confront a president who has no regard for the law, or decency and fairness in general. They will all be remembered in history as cowards who failed to do the right thing and chose convenience over fortitude.
3
Are their two sets of laws for the ones that have friends as higher ups and the ones that don't have those higher ups?
It looks like we have a two party verdict in this case.
Where has common sense gone? Where has integrity gone? Where has By the people for the people gone?
A tragedy has and will continue to happen unless someone, anyone remembers that WE THE PEOPLE is paramount to our country.
All people subjected to the law not the will of a president.....
4
In an apparent effort to audition for his present position, William Barr sent the White House a lengthy letter. We can only assume he wanted his misguided notions of executive power validated so as to burnish his historic legacy. But should questionable activity by the DoJ escalate, Barr may find himself remembered in a far different way — as the second attorney general (after John Mitchell of Watergate fame) to serve jail time.
4
Oh come now! We all know the answer to this. It is the same answer that ANY person who has come in contact with a narcissist knows is true:
There is one set of rules for the Narcissist and another set for anyone else. There is one set of punishments (preferably NONE) for the Narcissist and his friends/allies, and another set for the enemies of the Narcissist and everyone else.
It is insulting to the Creators of Superman to call it Bizarro World.
3
Soon a pardon. Stone knows too much. There is no way that Trump will allow Stone to do substantial time in prison.
3
Trumps,Rule of Law.
A crook who knows he could get a pardon is not going to tell the truth. A crook with 'friends in high places' is not going to tell the truth. A crook who sees that 'the fix is in' has no reason to tell the truth.
Is this the role model YOU want for your children? Is trumps actions the example YOU want set for your children?
I just don't have any other way to say it. Trump is a phony. All of his crooked friends are phony. All of his enablers are phony.
In fact the only thing about him that is TRUE ...is his phoniness.
Vote to con out.
3
Abuse of power!
Corruption!
Our country is in a shambles and the death of democracy is here.
Is everyone insane? Or is this limited to people who love freedom, the rule of law, and equal justice under the law?
1
Thank you, Noah Bookbinder.
When you look around the world today & at the precarious state of our freedoms in the USA with the GOP having all but unanimously converted to the Trump Cult, a certain figure stands out as a particularly noxious presence. That figure is Putin. Wantonly slaughtering people by the many thousands, whether in Ukraine, or in Syria, or in Libya, or in Africa; punishing young & old for even mild dissent in his own country while maintaining a stranglehold on Venezuela & concurrently attempting to swallow Belarus whole... And, yes, continuing his efforts to be the one who personally picks Americans' President in 2020.
All that is made possibly by just 1 stark feature of the RF landscape: the total subjugation of Russia's courts to Putin, personally.
Now we see Trump moving swiftly from his emasculation of the GOP to a Criminal Takeover of the DoJ. No wonder honest judges & prosecutors are denouncing him!
Let us not forget that Trump's sister, a federal judge who retired abruptly when her role in his financial frauds was exposed, certainly has provided him with a great deal of expert information about the inner workings of the criminal justice system. The GOP must be held to account for the evil they have brought upon the nation they for so long claimed to be protecting. The entire Trump Crime Family must face the full force of America's Justice System after this dark episode in history ends.
As it most certainly will, one way or another, soon! Fight!
3
It's not so much that he DOES it.
It's that he's so UNABASHED doing it.
That a President (quietly, almost surreptitiously) would pull strings on behalf of some cohort or ally that'd fallen foul of the justice system--no, that's not surprising.
That (as deftly, as unobtrusively as he can) he might drop a word in some judicial ear--"Listen, could you lighten up on so-and-so just a bit. . .just a bit, mind you?. . . ."--
--well no. That'd be kind of wrong, wouldn't it. I guess it would.
But with Mr. Trump--as indeed with Mr. Stone--there's nothing "quiet" or "deft" or "unobtrusive" or "surreptitious" going on at all.
The guy is brash brash brash. His own contempt for the laws, the court, the entire judicial system of the United States--
--it sticks out like a sore thumb.
Insult to injury. The notion that these over-zealous prosecutors (having been slapped in the face as it were) should actually APOLOGIZE to this all-but-self-proclaimed CROOK and "dirty trickes" maestro--
--incredible! Absolutely incredible!
And the nightmare goes on.
And on.
Till January of 2021--
--maybe.
2
And this is how the rot spreads: the anticipation of the dictator's displeasure. Change the sentence recommendation because trump wouldn't like it. Changing the photo at the display because trump wouldn't like it. Covering up the name of a ship because trump wouldn't like it. I think that Erica Jong once wrote a poem which had this line "the best slave does not need to be beaten, She beats herself". This is Washington today.
3
Clearly the Framers did not anticipate a fully corrupt Executive in Chief. Trump is a crime lord. A rogue. Capitalism run amok really.
In any case Stone will be pardoned. We are a full Autocracy bordering on a White Nationalist Oligarchical Autocracy until our friend Donald is deposed.
2
Why do I have a terrible sense that something truly awful is going to happen?
It’s like when you push open the valve on your Instant Pot after cooking chicken, and the steam lets out that high-pitched howl. Last week I had to go to the doctor, and in the waiting room, the news was playing, and an old man got so mad at the tv, he stood up and barked at the nurse to turn it off. He was mumbling “just burn it all down” and “bunch of crooks” and things you don’t really expect from an old white guy in Alabama to say about Trump and Barr & Co. Turns out he was a Vietnam vet and said he’s had it with everything in America. He couldn’t get what he needed at the VA so he was having to see a different doctor. How terrible it is that our veterans feel this way.
So I’m just wondering if I am the only one who is feeling afraid that some kind of violence is going to result from this dismantling of our norms? If our veterans feel so disgruntled, I take that as a bad sign.
1
40 months for lying to Congress and witness tampering? What's that?
1
Why don't we wait for the hearing ... Mr. Bookbinder's organization sounds great ........look it up ....
I have a rule ... the more groups try and make up names to sound non-partisan .. the more they are not.
1
I'm longing to hear the judge say "Remanded to custody pending appeal", citing "flight risk" to defence attorneys.
1
Barr no longer seems to care that he is beholden to the President. How many times has Barr defended the interests of the Trump over the practice of law?
1
I think that is what Susan Collins meant about Donald Trump learning his lesson.
1
This is all happening plain sight. Do Americans only care about their pocketbooks so much as to not realize what is being lost?
4
We can’t ignore what is behind this. First, a conspiratorial belief that DOJ, CIA, and FBI targeted Trump and is campaign for political reasons in a “hoax” investigation (including the belief that Russia was uninvolved in campaign interference). Second, a belief that the president as chief law enforcement officer can use federal agencies any way he chooses. Trump has been explicit about it—from Sessions onward—and it’s incredibly dangerous. I used to think the rhetoric about tyranny and undoing democracy was overblown. No more.
2
Corrupt on a level of Justin Trudeau's Liberal government, except Republicans are actually quite brazen about it.
1
Trump is right to be angry. Disclosure of such information is just the continuation of the witch hunt. Nevertheless, trump will be re-elected no matter what 2020. The socialistic leftist doesn’t stand a chance
2
"Has the Trump Department of Justice ever asked for a lower sentence for someone who wasn’t a presidential ally?"
Whether they did or not is immaterial.
An objective analysis of the parameters used in the calculation for sentence recommendation, applied to other cases with identical crimes, shows that the original recommendation was excessive.
The presiding judge agreed, and stated flatly that " that the sentencing guideline recommendation of seven to nine years was overly harsh as applied to this case".
The DOJ, acting to ensure that the political bias of the Democrats from Mueller's team who prosecuted Stone did not inject their own bias into the process, a reasonable act.
Barr, did not make the call, he only approved it. The judge, agreed with the updated recommendation.
So what's all the whimpering about ?:
Waaah. Hillary lost and I'm still upset about it....
1
There is a backstory that remains untold. The original sentencing memorandum that had recommended 7-9 years of imprisonment was by many accounts unduly harsh. Some commentators described it as a stretch of the sentencing guidelines. Barr has been rightly called out for his Trump inspired intervention, but the final sentence was less than half of that originally requested.
There must have been a clash going on between Trump’s “Roy Cohn” and the case prosecutors prior to their submission of the original sentencing memo. It is certainly odd that the career prosecutors would resign from the case after Barr intervened when they must have anticipated that the Judge would hand down a far more lenient sentence than they sought. Why did they make their tough recommendation? That is a story I’d like to read.
It takes 400 years to create a democracy and 4 years to destroy it. What would someone study law if at the end of the day someone who is not even capable to understand the merits of transparency and precedence is able to decide (or change) for a sentence?
2
I think Monopoly the game could invigorate its brand with Stone as its promoter.
That Donald Trump is flagrantly seeking to subvert justice and assume dictatorial power is now beyond any doubt. The most important question now is... What can we as ordinary Americans do about it? The Democrats tried to impeach him. But it’s clear GOP lawmakers will do nothing to stop him.
Do we wait until November to vote Trump out of office? How much damage will Trump do before then? Will we even have fair elections if Trump's despotism is allowed to continue?
We need to discuss what our best options are... mass protests? a national strike? boycotts? Let's share our thoughts on this.
Honestly, I don't like doing any of these things. But it's up to each of us who care about the future of this nation to take a stand. I don't want to explain to future generations why this nation became a Banana Republic without any resistance on my part.
No knight in shining armor is going to save us. Each of us must do our part.
9
Add to your list of Trump’s anti-American actions what he did yesterday to undermine our ability to defend our country by appointing someone totally unqualified to the roll of Director of National Intelligence (Acting). As someone who has worked in intelligence, Trump’s appointment significantly reduces our ability to respond correctly to world events.
Looks like we are heading back to the days of WMDs in Iraq and the mishandling of the Vietnam War. “Make America Weaker Again” is what should be on those red baseball caps.
4
I continue to be confused by the claim that Barr "overruled" the recommendation of the prosecuting attorneys. Why is his action not simply the submission of his own separate recommendation? Since the judge merely considers recommendations, but is not bound by them, the recommendation's weight remains unaltered.
The theory that a second recommendation diminishes the power of the first needs hard evidence demonstrating that effect. It seems to fly in the face of our long-established practice of allowing amicus briefs to be filed in the highest of Supreme Court cases.
Gathering evidence that conflicting or multiple opinions are only made under presidential intervention does not accomplish that purpose as it doesn't alter the legal weight of the only person whose conclusion counts -- the judge.
Sequel. Do you work for a living? Work for someone? Does that someone control your future? This is the answer to your question.
Trump's biggest love, aside from himself, is unfettered power. In this case, the only power better than being able to pardon anybody (which a president already has) is the power to keep them from being indicted, convicted and sentenced in the first place. Think about the loyalty a leader would command if all of this were at his control.
This is but a another page we've already seen in other contexts in the Trump's playbook: Seek to destroy all institutions because they limit his power. In this way, Trump is no different than Putin, Chavez, Castro, Kim Jung Un and a host of African dictators. They have no need for institutions because all power and decision-making resides in them.
But this one cuts the deepest of all, because perhaps the only thing that truly separates us from other nations is our fierce upholding of the rule of law, and our history of institutions and dedicated people willing to live and die for this principle. And I am not just talking about DOJ prosecutors--this includes FBI, DEA and ATF agents, border patrol and state and local police officers.
Either you believe in the rule of law and its processes or you don't. Trump does not. He believes in himself above all others and all else.
6
If "average citizen" had threatened a judge during a trial, we would have been behind bars, received the highest sentence, or charged with an additional offense. White glove Trump/Barr facilitated handling undercuts not just the legal system but belief in it. Of course, what normative U.S. democratic system is not undercut by the GOP/Trump.
10
Separation of the judiciary from the executive is a prerequisite for any normal society.
Looking at the current situation in the US it would appear that this separation is flawed and being undermined by the executive with the help of the justice department.
The consequences are profound and if this executive continues in this manner it will eventually do irreparable damage to both the judiciary and legislature.
This Presidency has revealed the flaws within the US constitution and for all the talk of the wise founders in many instances their crafting of the constitution is not fit for purpose.
The checks and balances that make up the normal cogs of democracy appear to have become unspooled.
8
These sorts of things have been happening behind the scenes forever. In autocratic countries and less developed democracies, where corruption stays on the surface, it is expected. In advanced economies such as the US, it happens under the surface and in a much more sophisticated way. Horse trading, personal favors and even veiled threats are not uncommon. When details some of these shenanigans leak out, the public still (perhaps naively) react with horror. But Trump can't be bothered with all of that. The illusion presented to the public is shattered again.
6
So the USA is now a de facto banana republic.
Everything has a beginning, middle, and end.
That great experiment that began in 18th century Philadelphia is now effectively over, and with what I would submit, with a big yawn. Nothing lasts forever.
There is absolutely nothing exceptional about the people here. I guess one could make the claim that at very critical points in US history, and by a complete stroke of luck, a strong principled leader (think Washington, Lincoln, Teddy and Franklin Roosevelt) surfaced. It would appear that our luck has finally run out.
24
It would be nice to have the Democratic candidates lead a march in protest together in DC. Right up to the White House. Get all their supporters together in a show of unified dissent. It needs to be in the streets, not on Twitter. They can each speak at the really about the importance of unity against this kind of nascent dictatorial leadership. Could be a helpful way to soothe bruised spirits when the field eventually whittles down to one candidate and we have to vote pragmatically if our preferred candidate loses, too.
17
@X YES! We should also ask Pelosi to lead a march.
Everyone is saying "we have to do something," but what exactly can we do except vote in November in such numbers as to invalidate the gerrymandering by the GOP?
Isn't this Mitch McConnell's ball game? His smug silence or his bragging about his abuse of power is all we have unless Amy McGrath or some other candidate manages to convince the people of Kentucky, who have had far too much influence over the rest of us for far too long, to vote against McConnell.
Revolution in the streets will only play into Trump's and the GOP's hand and give them an excuse to move into martial law. If that happens, it's game over. We become Germany in the 1930s and '40s. Maybe we already are.
I don't know what to do as one citizen. Suggestions welcome.
28
There is no room in Washington anymore for an organization called "Citizens for Responsibility and Ethics." No one in Washington wants to take responsibility for their actions and ethics are always situational at best.
10
This situation is so bad, I find myself... I do not know where I find myself. The Thesaurus has many words: agape, appalled, stunned; it is a good book.
I do believe that all my Americans who are standing up will fight for our system of checks and balances, and the true value of our Constitution.
I do not want to sound strident, but I truly believe in our country and its ideals.
14
It would scarier if the revised recommendation was unreasonable. The result was what one would have expected aside from the controversy. The only surprise here is why, knowing the case was important to Trump, Barr or another senior Deputy didn't originally make sure that the recommendation was in line with what the Judge eventually ordered, say, 38 to 46 months, because then nobody would have blinked an eye. Far better than countermanding your lawyers before the Court and the public.
3
I prefer that they did this publicly. We deserve to know that the DOJ under Barr’s leadership and during Trump’s administration is an overtly politically influenced department, and we deserve to know that Trump continues to act as though he is a king rather than a president, refusing to serve the country over serving himself.
15
i have no love for Trump or Barr or Stone, but what sets this case apart is that someone called out the career prosecutors on their, as always, harsh recommendation and it had an effect. Those of us who have practiced in federal court regularly, for decades, know that those guidelines are always driven by the way the prosecutor charges the case and the way the prosecutor feeds information to the probation officer. The guideline range is often supported under information given by law enforcement (including hearsay) and by precedent, which by and large over three decades even in the more lenient circuits allows upward adjustments based on theories that the person on the street would find baffling and unfair (i know, civilians have been explaining to me for decades how it cannot be this way, i must be a bad lawyer).
We might want to remember, in these days in which all good liberals are against over incarceration (i remember when you weren't) that any person's overly long sentence diminishes me. Stone appears to be an arrogant twit, but so are many less well-off defendants. Let's strive to sentence them all less harshly, unless they have done something particularly painful and heinous.
None of this is to say Trump is anything but right for the wrong reasons in this case, but let us not celebrate harsh career prosecutors as heroes simply not to be with Trump
.
8
What, in this administration, is like anything (good) you've ever seen before? Every single day brings a new breach of respectability by the President and most of the Republican House and Senate members. It's a complete affront to what this Democracy was developed to provide.
36
An imperiled democracy aside, it is an affront to common sense, common decency and basic intelligence!
2
Roger Stone is very lucky he had a judge who was fair and impartial. She could've given him a sentence within the guidelines just to show that she wasn't about to be pressured by Trump.
12
I was hoping it would be outside the guidelines but on the years longer side. If a retrial was somehow granted, the next term could be a year longer. Someone has to show that bullying has its consequences, and the blatant lying and interference with our justice system will punished, severely.
19
@Fr
Why hasn't the allegedly fair and impartial judge investigated the jury foreman who posted before and during the trial that Stone was guilty, violating the gag order?
The case is going to be reversed because of juror misconduct, and Trump won't even have to pardon Stone.
1
@ebmem Did you see the post? The defense attorneys ant the prosecution had ample time to vet the jurors. As their was no challenge they can't now cry foul.
Trump makes any number of accusations on unsubstantiated rumors so why take up his imaginary miscarriages of justice.
How in a Democracy can the commander in chief be allowed to consistently get away with so many breaches of the public trust? it is clear that once he is gone that greater controls need to be put in place to prevent anyone in his position from taking these kind of liberties while remaining in office.
Perhaps the Supreme Court should have some say in weighing in on Presidential conduct violations. Clearly just using the Senate is just a waste of time and an exercise in political theater.
21
@Andrew
In comparison, Obama simply told the Justice Department not to indict Hillary, Holder, Lois Lerner and other criminals and then asserted there was no crime, despite massive evidence.
Obama was a sneak, Trump is transparent.
I’m afraid that your Supreme Court is as full of Republican toadies as the Senate.
It’s a sad state of affairs.
What is the difference between the obvious protection of criminality here and the pardons of the rich and well connected by Clinton and the Bushes? There have been separate standards of justice for the poor and the ruling classes since Hammurabi. Some societies make it explicit, ours is usually with a wink. Trump only does it out in the open.
4
There is no parity between this president and those you named. The point here is the fact that Barr has proven himself to be nothing more than the personal lawyer for Trump. The details of the situation prove it. Just because some examples in the past have felt similar doesn't mean what Trump is doing is somehow not uniquely destructive to our institutions.
Also, poor people have in fact been pardoned. Obama pardoned 330 non-violent drug offenders, for example. It is worth mentioning if you in fact care about that issue.
9
@Isaac Stonberg
You are correct that there is no parity. Bill Clinton sold Marc Rich a pardon. Not because he wasn't guilty but because he had money.
Stone and Flynn were prosecuted for lying. What Flynn allegedly lied about wasn't even marginally illegal or improper. Scooter Libby was convicted of lying and the reporter who testified against him asserted she was tricked into lying by Fitzgerald. And the underlying offense, outing Plame, wasn't even a crime.
Comey and McCabe lied and they were given a walk. The deep state is so deep that protecting the corruption of Obama is tantamount.
Obama pardoned a traitor as well as a terrorist who refused to disavow his desire to overthrow government by violence.
Trump’s improper sentencing recommendation had no practical impact. The judge did what she was going to do. Tump does so many bad things that matter. Making a big deal about something that’s wrong in principle but trivial in effect is harmful come election time. Voters are turned off by those obsessed by the principle of the thing. Forget about Stone’s sentence and pay attention to things that matter.
2
If you fail in the commission of a bank robbery, after shouting hands up, then turning and fleeing, did it have no practical effect? In fact, Trump’s intervention was very practical for him. He broadcast that he’s ‘there’ for his loyal thuggish apparatchiks when they’re caught breaking the law for his benefit. This is how you build a tyrannical regime.
28
Take this attitude all the way to authoritarianism.
@Larry McCallum What’s more important, fighting tyranny or winning an election against a tyrant?
Because of his pedigree, it's good that Mr. Bookbinder weighed in on this matter. But I don't think he's added much if anything new to the discussion about this overtly outrageous behavior by both Barr and Trump. We remain outraged... and without any real opportunity to address the situation beyond words that have little if any substantive immediate impact. Naturally, then, my thoughts turn to possible future actions. If Democrats win the 2020 general election and we have a new president, and perhaps regain control of the Senate, what could they do? Well, new remedial laws have been discussed. But what then? Can Barr and Trump be held to account? Should they be? Yes, they should. Overturning pardons that appear to constitute obstruction of justice should be seriously explored. Bringing post facto charges against Trump and Barr (and perhaps others) should be examined. Burying or ignoring this administration's egregious and perhaps criminal behavior will not "heal" the nation and will only send the message that all is fair and without consequence to the persons and party then in power. Really? Dealing with these matters post facto would not be revenge. Rather, it would be appropriate if not necessary in order to return us to and reinforce the often cited central tenet that we are a nation of laws and that no one, even a president, is above the law. Let's look forward and encourage this sort of discussion. Mr. Bookbinder's and others' voices would be welcome.
16
@MikeBoma Bravo, well said. Editorial staff, this should be one of your picks!
1
This is what justice looks like. It is subverted when overly zealous prosecutors pile on, as they did with Stone.
7
@AACNY The prosecutors were following the recommended guidelines. There was nothing excessive about it. Add to that the fact that Roger Stone has shown absolute contempt for the law and no remorse and given zero cooperation, he does not deserve a reduced sentence.
45
@AACNY: Suppose the prosecution overcharged in this case, that is added counts with shaky evidence or were over technical on statutory interpretation. Still, the grand jury bought the indictment. But even if getting an indictment is no heavy lift, the prosecution prevailed at trial before a jury. The verdict was, therefore, vindication of the original charging decisions. AACNY, do not forget that the whole issue in a nutshell was Stone lying to, and failing to cooperate with, an investigation of connections between the Trump campaign and Russia. No one has the privilege of jamming up a federal investigation of foreign intervention in a federal election or any other crime, not even a close associate of the President, and not even if no crime was charged (under current DoJ guidance). Also, by the way, Trump and Barr lied when they said the Mueller report exonerated Trump on the issue of obstruction of justice during the Mueller investigation.
13
@Aaron
When they reported to their superiors in the Justice Department, their recommendation was for a shorter term. The recommendation to the judge was a shock to their superiors and Barr had already decided to revert to their original recommendation before Trump tweeted.
Compare to Holder's decision to void the conviction of New Black Panther thugs who menaced voters days before they were to be sentenced.
Trump’s and Barr’s actions are a breakdown in convention and accepted political culture. But it’s worth reflecting the structural problem is that you have a system where a President can pardon someone in the first place, and where prosecutors are subject to political authority, or the absurd situation where district attorneys get elected. Most advanced countries don’t have most or any of these flawed constitutional or legal arrangements.
9
District attorneys do not exist in our federal courts.
They prosecute local and state crimes.
They are mostly elected partisans.
3
FYI, federal prosecutors are not elected; they are appointed.
Of course, they haven't asked to pardon a Trump non-ally despite the fact that it would give them some cover.
When however they think again they may pardon some rich prisoners.
@Dart
Blago is a Democrat. But, in all fairness, Obama hated him. As governor of Illinois, Blago thought he could sell the Senate seat that Obama had vacated after four years when he became president. Obama thought the seat was his to sell.
Noah Bookbinder ask” if the Justice Department can "point to a single case in which the defendant was not an ally of President Trump, or someone who could testify against the president, where the department overruled career prosecutors to ask for a sentence “far less” than that called for by the sentencing guidelines in a case that went to trial?” The answer is probably that senior Justice Department leaders have overruled prosector sentencing many times, but usually before the recommendation are presented to a judge. The deputy attorney genera’ said that the prosecutors did not indicate they plan to ask for such a harsh sentence against. It was a surprise. The Justice Department also frequently instructs prosecutors to drop charges against individuals they think should be prosected
2
@William Case "The Justice Department also frequently instructs prosecutors to drop charges against individuals that they think should be prosecuted."
Nope. Not true. The Justice Department rarely gets involved in local federal prosecutions unless those prosecutions concern terrorism, high profile defendants, or cases against doctors and lawyers where client privileges arise.
Admittedly, R. Stone is high-profile, but the manner in which Barr intervened is improper and disgraceful and alarming. We are now looking into the abyss.
@William Case
The prosecutors weren't forthcoming with the Deputy Attorney General about their plans to impose such a draconian sentence. And then they quit when they didn't like the Attorney General's response. They have disgraced themselves.
2
@PJByrne
Judge Jackson agreed with President Trump and Attorney General Barr that the original nine-year sentencing recommendation was excessive. She sentenced Stone to less than half that time.
All federal prosecutions are conducted by the U.S. Justice Department. All federal prosecution are “local.”
Hey everybody, let’s face it. America is over.
I’m talking about the the idea of America, or, if you prefer, any aspect of the idea that there’s any principle guiding America besides “might makes right.”
In saying “let’s face it,” I don’t mean to suggest that we can’t, or shouldn’t try to, make American society into something that actually walks the talk we’ve long be taught. I think we can, and should. All I’m saying is that it’s high time we saw through what we were taught in elementary, middle, and high school.
The only things truly exceptional about America are its size, its geographical location, its newness as a nation-state, and its American teenage-boy-like sense of its own gift-to-the-world-ness and absolute invincibility.
A come-down reality-lesson looms. It’s inevitable.
30
Got to agree with you, a new country compared to most, an idealistic constitution based on much ballyhooed Principles bigger than individuals - rule of law being one - but the same old money grubbing, status seeking, power crazed, narcissistic and morally reprehensible people still seem to find their way into the highest strata of our ruling class.
We look good on paper, and in theory this system should provide the best government for all citizens since it is We the people who supposedly choose our leaders, but in no way are we closer to a more perfect union than any other formulation at work today. People have not changed much in the last thousand years, and it appears we will always give rise to Neros, Hitlers, and Trumps, despite our lofty ideals and huge written history warning us of these monsters in our midst. Individually, any of us can be aware, but as group, we are easily duped.
Uhh, actually, yes. I had a client once for whom the DOJ (OK, it was the US Attorney) requested a five, yes, 5, level sentencing guidelines reduction, which the federal district judge reluctantly granted. He said he had NEVER gone down five levels before. But then, my client was a mere drug dealer. OK, a big drug dealer, and he did cooperate. So, yes, there is precedent.
5
@Dr Steve
Only Stone didn’t cooperate. He lied. And he actively tried to intimidate witnesses.
Stone didn’t earn favor. Favor was provided for no discernible reason.
So, your case is hardly a precedent.
6
@Chickpea I'm with Dr. Steve on this. I've had dozens of 5 level or more downward departures as a federal criminal defense attorney. Yes, I live in a blue state where the federal judges are fair and aware that the U.S. Attorneys often w-a-a-a-y overcharge; that there are often mitigating circumstances; that the cooperation is exceptional; or that the guideline enhancement that was proposed by the Probation Office (who actually figure out which guidelines and enhancements apply) does not actually apply in a particular case.
However, Roger Stone behaved despicably towards the entire concept of criminal justice. The very essence of his charges was that he obstructed justice and lied. He threatened the judge and a witness and was an overall jerk. He deserved every enhancement. I think the judge did not apply one of the enhancements hoping to demonstrate her impartiality and to dissuade Large Orange Toddler-Man from granting a pardon. It was certainly worth a try and I respect her enormously.
@Chickpea
On one hand, you have an actual criminal, who cost countless lives with his drug dealing. On the other hand, you have a guy who did not commit a crime but then lied about his activities, which was a crime. And then made a threat to a comedian who did not take it seriously.
"I think it's appalling for the president to be attacking American citizens for fulfilling their duties to our republic. And further I think the actions of the president and of the attorney general cast doubt on the bedrock of the equal administration of justice that is just so important to our country."
So says juror Seth Cousins.
Meanwhile, our Supreme Court says nothing.
Still missing in action.
21
@kafantaris
Seth Cousins is a hard core leftist. It is difficult to believe that he was capable of making an objective evaluation of the evidence. The jury foreman asserted Stone was guilty before the trial.
Stone's conviction is going to be overturned on appeal, and Trump will not have to pardon him.
Don’t expect too much from a Supreme Court in which more than half the judges are mediocre political hacks.
@kafantaris -
Oh the Supreme Court knows. The only wild card is the Chief Justice, Roberts. The other 4 right-wing Judges would grant Trump the power to be president for life, if they were given the chance.
The people who lived through the Depression and went on to defeat tyranny during WW II where dubbed the Greatest Generation. What will they call this generation, the ones who supported or assisted those who destroyed the rule of law, the system of checks and balances in the federal government, undermining faith in elections, while turning the nation against each other. Trump has turned America into a reality TV show where he determines the rules, the winners and losers, who is given the prize and what happens to the losers. Will our generation become The Survivors or maybe The Failed Apprentices or The Price Was Right?
21
@DO5
Your post is why I like reading NYT comments so much.
Thank you.
1
If this wasn't Roger Stone, friends with Nixon and Trump, the sentence would have been harsher.
In a trial of a man in my local County received 10 years for slapping his wife one time. In a twist, a witness testified that the husband was brutalized by the wife for years and he never reported it. This same witness was testified that the wife hit the husband in the growing before he reacted with a slap.
Adding fuel to the fire, the three kids and the slapped wife are on social welfare as the former husband was the sole provider for the family. Injustice all around..
3
State , local and federal sentencing guidelines are very different.
Dear Sir, you forget that "precedence," "fairness," "legitimacy," and "morality" are irrelevant to every person associated with this administration.
Whether Barr, Mnuchin, Ross, Manafort, or the legions who have come and gone or remain, the only "right" thing to them is whatever they feel like doing, whatever Trump wants to do, whatever will let them win.
Whether Barr stays or goes, the pervasive rot through the entirety of this administration will fester and destroy everything that good Americans value and take pride in. But with Trump's approval ratings at all time highs, one wonders how many good Americans really are out there. Certainly fewer than one would hope.
19
Just imagine what trump will do in season 2 if his show gets renewed in November.
25
@Oliver
I shudder to think what the Left will do if and when Trump is re-elected. There's an emotionally unstable cohort who might actually believe the world is ending. They are already having tremendous difficulty coping.
2
So Trump’s actions are normal, measured and devoid of self/interest.
@AACNY Like most people caught in the grip of the Trump/MAGA cult, you display use of the mechanism of identification with the aggressor. Specifically, projection.
You know full well that if Trump is not re-elected, he will not leave office voluntarily, and I shudder to think what the Trump/MAGA cult would do in response to a Trump loss.
I highly doubt you "shudder" thinking about a Trump win, except maybe you feel a shudder of delight at the prospect of watching your cult leader tell more lies that you believe, tell you whom to hate, and project all of this onto the other side.
"Identification with the Aggressor
Identification with the aggressor is a defense mechanism proposed by Sandor Ferenczi and later developed by Anna Freud.
It involves the victim adopting the behaviour of a person who is more powerful and hostile towards them.
By internalising the behaviour of the aggressor the 'victim' hopes to avoid abuse, as the aggressor may begin to feel an emotional connection with the victim which leads to feelings of empathy."
https://www.simplypsychology.org/defense-mechanisms.html
What's particularly troubling is America's media doing everything it can to turn the Democratic primary season into a cross between a sitcom and a dog fight. The end result will be another four years of Trump. "Liberal" media indeed.
28
@ADubs
American media created Trump.
Bloomberg has already dropped $400 million in advertising to their profit. The last debate was won by Trump, given the damage the Democrat clown car participants inflicted on each other. If they were to get together and pick one to support, it would put an end to the click bait funding the NYT.
Although the media hates Trump, they are looking forward to the revenue they will get during the next five year firing up the ignorant masses. Profit first inciting emotions.
1
Where are the checks? Why does the highest court in the land stand by with their hands tied behind their backs in the face of this overt and blatant abuse of power? This must be unconstitutional!
2
For Stone like Trump care not about the law when you are above the law what are you going to do about it. With no checks at this point what is stopping them. Don't look now George but this looks like a run on the bank. The Senate just had a chance to avoid this adding too the corruption is more like it. What a bunch of bandits. Looks like a big push for long term take over what are you going to do about it. November can not come soon enough.
4
I wonder too, given how as you describe, it’s likely unprecedented for the attorney general to intercede as he dis in this case, should Judge Jackson have done more to get to the bottom of the matter?
Specifically, to call the 4 line prosecutors who resigned from the case to appear in her chambers and explain why they originally proposed their original sentencing guidelines? Perhaps, barr himself should have been also summoned to explain? Then, she could have announced her sentencing decision.
As you aptly point out, stone was a particularly egregious defendant, seemingly an ideal candidate to throw the book at his smirking face.
I expect he will be pardoned within the year.
2
@Fred
His conviction will be overturned on appeal, which means he won't need a pardon.
It seems every day I see another NY Times Op Ed about the corrosive impact Trump has on democracy, rule of law, allies, government, and so on. People, what do we expect of Trump? He is (1) an authoritarian, (2) a racist, (3) a kleptocrat, (4) a non-stop liar, (5) a misogynist, (6) a business failure, (7) a con artist, and much more. Trump is propped up by the corrupt fearful GOP, the Fox propaganda machine, a right wing Supreme Court, the Russians, and more. People, America is in deep trouble. I would like to see is a media company take on the job the founders saw for the 4th estate: repetitively tell Americans our national problem is a network of corrupt inter-locking bad actors, who will do anything, including destroying our democracy, to stay in power. The cleansing light of an ever vigilant press will help rid us of these cancers on the core of our democracy, threatening the existence of our way of government.
13
@dt The press needs to do more (i.e. stop dissing progressive candidates) but even the diminishing pro-Trump comments here indicate that there's something more psychological than intellectual, something more emotional & irrational, in Republiclan (OK, I'll leave that typo) voters' continuing support of Trump.
Although I'm still hopeful, as dozens of Republicans or former Republicans have disowned the GOP.
If Fox News were fined and told to get its honesty act together, though, one of the UnRepentant Repubs would start a new reactionary station.
@AY The press isn't dissing progressive candidates. The press is reporting other democrats or democratic candidates worried about the electability of a progressive. Don't shoot the messenger.
@dt
Trump ran for office making a series of promises that appealed to the voting public. They particularly appealed to particular segments of the voting population who have been taken for granted by Democrats for decades.
Prosperous working class people in manufacturing. When Hillary promised to put coal miners out of work [and get them low paying jobs as home health care aids and Chinese solar panel installers], all of the prosperous manufacturing workers in energy intensive industries dependent upon cheap energy, knew she meant them harm as well. [Calling them deplorable racists after they voted for Obama just added insult to threat of injury.]
Trump promised to end regulations that raised energy costs without making any improvements to the environment. With the help of Congress and 17 laws rolling back illegal Obama regulations, done deal.
Trump expressed a desire to deport illegal aliens, popular with the overwhelming majority of voters. Voters did not agree that was a racist position. In progress, resisted by the leftists who seek open borders.
Return to the rule of law from the activist leftist judges who substituted their personal opinions for the law. No more wise Latinas who would vote in lockstep with the other three hard core ignorers of the law. Done deal.
Reduction in taxes, reduction in spending on welfare to those not in need, all in progress. Increase in wages for the bottom half of the economy, record low unemployment.
We have a crime syndicate in place of our government.
The Republican Senate is complicit in crimes against the Constitution, the rule of law, and the country.
They all must be held accountable.
The rule of law can not be ignored by their stonewalling.
11
Barr has disgraced himself.
Intervening on behalf of his puppet master Trump, he sells out not only his own ethics, but also sells out those who work for justice every day.
Attorneys within the Department of Justice are to avoid even the appearance of impropriety.
Barr has done his best to abdicate his authority to a man who knows absolutely nothing about ethics or the law.
7
How do we end the right to pardon? It’s absurd and flies in the face of our legal system and completely undermines my faith in our democracy. I didn’t like it when Clinton did it, that Alabama Governor abused it and, of course, this dangerous clown takes it to a whole new level. The only credit I will give him is that he didn’t wait till the end of his term. Just wait, all his pals will be getting out of Federal prison on his last day in office.
3
It is very reminiscent of the favoritism shown by the DOJ to Hillary Clinton.
Oh, maybe not - as she was a Democrat, which made it OK.
5
So if it were wrong for Clinton, would it be wrong by Trumps? Or are both excused? As grandmothers say, two wrongs do not make a fight.
@Sunny 4 Life Reminder: Hillary Clinton was questioned for hours by the Republicans and they found nothing to charge her with.
In that case the DOJ had no cause to charge her with anything.
False.
Similar question: has Trump ever gone after a corruption situation not involving a Biden? On the contrary, according to this week’s behavior, the corrupt convicts get pardoned! How do millions of my neighbors put up with, or even love, this kind of thing? This is Putin’s great victory: showing Americans what their neighbors will follow, which, long after the Trump fiasco, is the heartbreaking ruination of our sense of country. How do we come to respect one another again?
4
@Dagwood
The justice department under Trump got a guilty plea from a NY Congressman for insider trading. In contrast, the Obama justice department would not allow the FBI to investigate the Clinton Foundation and did not even question the $30 million Bill collected from entities, including foreign government.
Charles Rangel did not go to jail for tax evasion, Grimm, the only Republican congressman in the city of NY, did.
Putin never wanted Trump to win. If he had, he'd have endorsed Hillary. But Putin won anyway because people like you think he wanted Trump to win.
The prosecutors can recommend 2 days or 9 years (or whatever the jusicial guidlelines detail) The defense can ask for zero jail time, if they so desire. Trump can voice his opinion of what he believes is a fair or not fair sentence for Stone, as long as he does not interfere or force the justice department to do what he wants (the dems accuse trump of doing just that...with zero proof, as usual)
At the end of the day, its the judge who determines what Stone sentence should be.
Not the prosecutors.
Not the Defense
Not our President
The judge reviews the guidelines, the prosecutors recommondations as well as the defense's request for sentencing and gives her ruling.
Thats it. So really, this piece is a bunch of nonsense.
4
@DB
They turn everything Trump says into a federal offense. Literally.
@AACNY
Agreed!!
I understand someone who lies to Congress needs to be punished.
The best punishment for these Trump flunkies would be irrelevance. Let them go off into some insignificant place where no one cares about them.
November we vote 45 out and he also becomes irrelevant and that is justice for our country
2
@Deborah Camp
If lying to Congress were cause for punishment, almost all heads of the CIA would be in prison.
The surprising thing is that the author is surprised. Trump's strength comes to a large degree from his consistency, which is why every new "revelation" does not affect his support. Those who voted for him in 2016 essentially knew what they were getting. His corruption, pettiness, vindictiveness, and nastiness have been there from Day One.
To frame it somewhat differently, Trump is a winner in that he gets away with his garbage and people strongly like a winner. That is why in certain eras Yankees hats were plentiful in Idaho and Alabama. That is why Warriors tickets are cheap this year. That is why the large majority of articles about yesterday's Democratic pseudo-debate are all about winners and losers, not about substantive issues or who might actually be a better President. The saying "the rich get richer and the poor get poorer" essentially applies across the board, not merely to one's wealth or the lack thereof.
1
@ Steve Fankuchen
Understanding why a criminal PotUS gets away with crime is not the problem here. We all understand why. We never-Trumpists wonder how to stop it.
This is a nation where innocents get executed because of some junk science (hypnosis) while the powerful commit crime after crime after crime.
And the Trump DOJ just announced it would go soft on lying McCabe for lying several times to Congress.
Didn’t have to look too far.
3
@Ken The judge basically gave the justice department an ultimatum, either press charges or drop the case. The justice department had nothing on McCabe and they knew it. It was a case of harassment and the judge called them out on it. They had no choice but to drop it.
7
"It calls into question his fitness to play a leading role in our nation’s justice system. The top prosecutor in the land must demonstrate a commitment to protecting the rule of law, not the president and his allies."
Pardon me, but you're a little late to the party and much too mild. This decision, along with the lies about Mueller's report, do not "call into question" Barr's fitness; they are clear examples of his odious enabling of the Republican party and a clearly corrupt and unfit president. The nation's "top prosecutor" is a traitorous hack, willing to grovel and support an actual dictator rather than the rule of law.
2
What did you expect Noah? Seriously!!! What did you expect?
Saying it's "Like nothing I have ever seen" is a bit late to the game Noah.
Looks like the media was asleep in 2016 and is still asleep in terms of "assessing behavior."
I wonder why?
1
What is truly amazing is how little the party controlling the Senate cares. I would bet my paycheck, that if we suddenly became communist, a majority of our congressmen would be jockeying for power in the Politburo Standing Committee of the Communist Party.
2
Thank you for this insight. The attorney general is a stooge. He has willingly - happily - politicized the DOJ, tainting all of the work of its fine people forever. History will not be kind to Mr. Barr, not that he cares. This is what we will remember him for: aligning himself with a pathological liar with no principles at all, doing his master's bidding. And for what? One wonders how this man sleeps at night.
4
Roger Stone may be a lot of things, but he has one lousy poker face. But then, it's that kind of arrogance and smugness that is one of the personality centerpieces of Trump and his pals.
Why bother to show worry or concern or nervousness when all along, Roger Stone knew he would beat this rap.
Does anyone still wonder why Trump plucked Barr to be his AG?
My bigger fear is that everything we have seen this dangerous man do thus far is merely a warm up act. I shudder to think what he has in store for the country AND himself should he be re-elected.
7
Shame prosecutions and subsequent pardons are the signature of the USSR, Russia and Putin. Is Trump telling us that we have become Russia?
Stone is no one’s political rival and was convicted by ordinary Americans of committing multiple violations of the law. The DOJ is clearly not getting its marching orders from the Democrats and is, in fact, led by Barr, who is Trump’s sycophant. You couldn’t be more wrong. The news today is that our intelligence agencies are trying to tell Trump that the Russians are once again attempting to meddle in our election, once again in order to favor Trump. Which of course makes Trump angry that the agencies didn’t hide this information, and it makes Trump’s supporters more insistent that the Democrats are the ones trying to turn our country into something more akin to Russia. Because if you’re a Trump supporter, black is white, as per usual.
@Ben
Hmm..
How long was Lois Lerner in jail??
This blather is meaningless until we understand that the corruption crosses the lines.....
This guy isn't any worse or better than any of the others....
Everyone vote against the incumbent president and all the Republican senators in November.
Tell everyone and their brothers and sisters to do so
3
obama pardoned 1900 plus people. trump has pardoned less than 40. this is fake outrage.
5
@Chris Whoops, Chris, take a look at who Obama pardoned. Were they political cronies abusing power on a national scale?
Wikipedia: "Most individuals granted executive clemency by Obama had been convicted on drug charges,[3] and had received lengthy and sometimes mandatory sentences at the height of the war on drugs.[4]"
Chris, that's deflection. We're tired of manipulation. Cut it out.
How many of the folks that Obama pardoned were convicted of witness tampering in connection with foreign interference in our elections? Another baseless comparison, my friend. We look at the crimes, not the numbers.
Trump sees very little point in pardoning anyone, or in doing anything, that doesn’t directly do something for HIM. He pardons people he imagines are his friends, campaign contributors, and a smattering of others he deems to be useful to getting him re-elected. He couldn’t care less and has no knowledge of if there are individuals who have been treated poorly by our justice system. He just cares about himself, and unless you can offer up quid pro quo to him, he will never even notice you exist. It doesn’t shock me in the slightest that he has only pardoned a handful of folks, and that for the vast majority of them, it is so obviously personally in his favor to pardon them.
Finally! Someone who is in a position to know, asks the obvious question that journalist should have been asking ever since this happened: if it is Barr's prerogative to overrule the prosecutors, how many times has he done it in cases where the President has no interest? If it has never happened, then it is obviously a case of personal interference.
Another "appalling abuse of the public trust".
959
@Roger Evans and why do think the Judge did not overrule Barr? If the Judge thought otherwise he would have overruled William Barr's recommendation
1
@Roger Evans-Here's another question: what knowledge does Stone have of Trump's criminal dealings including Russian money-laundering and aid in the 2016 election? I suspect Stone knows more quite a bit as his relationship with Trump goes back to late 1980s. Likely Barr is aware of this--hence his willingness to interfere and go up against the DoJ's own prosecutor professionals.
https://en.wikipedia.org/wiki/Black,_Manafort,_Stone_and_Kelly
40
I wish it mattered.
17
I visited Chile years ago as that nation was just coming out of the Pinochet police state era. I came to a stunned stop when I walked in front of the supreme courthouse of the nation. It had an unusual statue of Lady Justice: she had a firm grip on the scales of justice and was clasping them closed and collapsed.
I think of that often now in the Trump era, because he too is trying to get Lady Justice to collapse and close the scales of justice.
4
Wasn't Barr the one who recently gave a speech to a group of sheriffs lambasting "rogue DAs who subvert justic with lenient sentencing?" Oh yes, on the very same day that four of his prosecutors quit Roger Stone's trial because they objected to Barr demand for a more lenient sentence.
829
@Christy
Add hypocrisy to abuse of power, contempt of Congress, contempt for rule of law, contempt for our government, contempt for our constitution and all the other reasons to list this Presidency as the worst ever.
40
Exactly! And Trump himself said, “Please don’t be too nice to suspects. When you guys put somebody in the car and you’re protecting their head, you know . . . You can take the hand away.”
12
@Ben
Trump and Barr don't see it as hypocrisy. They see it as punishing the 'bad guys who don't like us' and protecting 'our friends who know too much dirt'. Of course, Barr doesn't bother to think, just does what Trump tells him.
9
Ultimately the issue is whether Trump is brazen enough to pardon hisvcrony Stone. His recents pardons and commutations make it clear enough he will. Echo Joseph Welch, who stood up to Senator Joe McCarthy, "Have you no sense of decency, sir?"
3
You may not have seen this degradation of justice before, but you have read about it. It is called monarchy where the nobles are above the law. You will see more of it while the republican senate continues to support it while they plunder the middle class and the reputation of the US.
5
"We’ve never seen Bernie in any mode other than self-righteous anger. That’s why his followers include an unusually high % of angry, intolerant folks who display no patience with those who don’t fully agree with them and their candidate. That’s an alarming sign for taking on Trump" L. Tribe
If Sanders does not receive the nomination, Will his supporters show up to vote?
3
The judge concurred. The prosecutors were overly zealous and got slapped down.
5
It does appear the origin sentence asked for by the prosecutors was far to harsh for the crimes is supposedly committed. Three years in prison is no cakewalk and is more than adequate.
I agree the White House influence would have been better avoided, but this is really just about the least of our problems.
4
Even if he is not pardoned he will serve only one year at most.
1
Witness tampering and lying to Congress in relation to (now proven) foreign interference in our elections. The first charge can carry up to Twenty years. The second should be at least 8 years (2 terms) to keep others from thinking everything will be all right as long as their dirty tricks work to get their guy elected.
It does seem any case of significance that passes before Barr gets eyed with a sneak peek at what Trump signals. That's also basically true of every GOP senator, (including Mitt). But I am most worried about the level of freedom from Trump existing among the Justices in SCOTUS. Is Kavanaugh simply a Barr clone now sitting on the bench?
Hopefully November brings a new President and a blue Senate to start the extensive rebuilding necessary to return our Democratic Republic to the form envisioned by the founders. Once again, a draining of the swamp needs to occur, but this time for real, starting with Barr.
4
The world is making such great progress. More and more countries have justice systems on par with that of the United States!
4
That is apparently because we lowered ours to a banana republic under Trump and Barr.
Where is the entire legal profession? Isn’t it time to speak as a single unified voice? This is unacceptable. This is how authoritarian regimes work. The leader protects his friends and persecutes those who speak out. This is not how a democracy functions. We have taken these institutions for granted. Shouldn’t the entire legal profession unite and send a message - this cannot be accepted. Trump wins because of the silence of people who privately know better. We go to work each day and carry on as if everything is fine when in reality the basic building blocks of our society are being broken and thrown away.
12
@Baldwin
The "entire legal profession" doesn't agree with the prosecutors' excessive sentence. Many are on record saying it was excessive. Today several said this judge hit the "sweet spot" with her sentence.
This piece is highly misleading. The author knows little about what actually goes on.
2
@AACNY - Oh for crying out loud. The author was a federal prosecutor and served on the Sentencing Guidelines Commission - and he has no idea what was going on? What nonsense.
Furthermore, the point here is not whether the Judge followed the DOJ sentencing recommendation - of course the Judge always had discretion to follow it or not - and Judge Jackson has a well-reserved reputation for even-handedness and independence.
The point is the recommendation was unquestionably ‘fixed’ to favor an ally of Fearless Leader and Supreme Omnipotent High Commander Trump, which ally’s flagrant contempt for the entire legal process should not have warranted such special treatment. What Barr did, and what Trump ‘tweets’ and bloviates on a daily basis, reflects an arrogance and disregard for the rule of law that in any other era would likely result in the removal of both from office.
Nixon was a piker compared to this demented entourage.
Excessive sentence? This country hands out death sentences on flimsy evidence and junk science. As long as the defendant is poor and of color.
This author clearly hasn't seen much if he thinks no other President has made inquiries into the AG's priorities.
Let's not kid ourselves. Obama and Holder held regular talks. Clinton and Reno held regular talks.
The difference with Trump is he does so openly, whereas the others have been so kind as to keep it behind closed doors lest we lose faith in our institutions.
5
The issue isn't only whether or not the president is talking regularly with the AG, it's what he's saying.
5
@Jason W
Yes, Trump and Barr don't have clandestine meetings on tarmacs and then claim they were talking about the grandchildren.
1
Okay Noah - Show us some big cases where a prosecutor asked for a reduced sentence, when the defendant didn’t cooperate.
2
@Old Pueblo
Our system is excessively punitive. Prosecutors routinely frighten defendants into accepting pleas. The problem is so severe that Obama's Attorney General Holder repeatedly told the Attorneys General to knock it off.
Trump is also not a fan of excessive sentences, which motivated him to sign the First Step Act.
2
He is not a fan of excessive sentences because it deprives him of henchmen to do his dirty work, and good ones are so hard for him to keep. It’s that loyalty thing, I think it’s called Omertà?
Anyone who believes in the concept of Wealth Creators believes in a two-class system, which means two sets of laws. Trump sees himself as a Wealth Creator, as do most people born rich, even those who go bankrupt.
To these Risk Takers, democratic laws applying equally to all are obviously and infuriatingly an obstacle imposed by the weak masses who envy their vitality and success.
Even if they happen to be, in reality, bankrupts, because, you know, they take risks. How on earth can an economy thrive if Wealth Creators are prevented from getting wealthy and Risk Takers are not protected from the consequences of risk?
3
Every photo I've seen of Stone emerging from court, he has a smirk on his face, that telegraphs that his pardon may be imminent. By letting criminals get away with their crimes Trump is ensuring that he will get away with his. The public watching these pardons is being conditioned to believe that crimes of corruption, witness tampering and flouting the court and the law are not all that serious, while the prosecutors and courts are excessively harsh and abusing their power. I note that Mr. Bookbinder is "a former federal corruption prosecutor and senior staffer at the United States Sentencing Commission". I wish that more law enforcement professionals would speak out, but let's not forget that well over 1000 prosecutors have called for Barr's resignation. The code of the Republican Senate, Trump and his administration seems to be just do what you want, violate ethical or legal codes. tough out the protests, and no one will stop you. By the end of four years vast damage will be done.
11
Looks like the judiciary is still independent, despite Trump.
Figuring out what Trump is thinking is always a mystery, but I can't figure out why Trump argued that the sentence was excessive. If he's going to pardon Stone, the sentence doesn't matter.
1
@J. Waddell I wondered about that too and whether this was the opening salvo for darker days to come—precedent for more interference. Maybe Roger Stone knows, maybe he demanded it. Or maybe it is just simply that Trump was feeling an attention deficit so his well known coping mechanism kicked in—tantrum, rant, tweet, repeat.
1
The Rule of Law has been discussed more in the last three years of my lifetime than in all of the preceding seventy one.
The behavior of this president is unprecedented on many fronts, both in its substance and appearance. It is certainly important to the domestic audience that trust in the fairness of our judicial system is strong. If we as a people believe that justice is transactional, that it can be bought by loyalty to a president, or by being his buddy, or by being silent about wrongdoing, trust is eroded. This will lead inevitably to bad behavior by many other actors. The president is after all the head of our government and should be a role model for proper behavior regarding authority and responsibility.
In international relations, trust in the strength of the Rule of Law in the United States is absolutely critical. We stand in danger of losing the last vestiges of our reputation if foreign nations, businesses, and investors no longer believe in the impartiality of our justice system and believe instead that legal might will be wielded to suit the whim or transient desire of one man.
America is as much an ideal, a belief system, as it is a physical place. The appearance of corruption and impropriety can ultimately be more dangerous than any action. When we lose trust at home and abroad, woe betide us.
34
Well said, America is really an ideal, though it’s citizens will always be imperfect. I wish more of them understood our current situation, as you do. This forum helps, but we have to keep in mind that we are often preaching to our choir. Thanks for the astute comment, all the same!
1
Why do I feel that the entire Stone trial, jury decision and sentence just echo what we saw in the Trump Impeachment? Voluminous evidence presented to a Senate that never was going to remove Trump from office. The outcome was obvious from the start.
With Stone, the outcome is equally obvious. President Trump will when it suits him pardon Stone and god knows which other of his henchmen, which will mock the law. Roger Stone, as Judge Jackson said from the bench, “was not prosecuted for standing up for the president; he was prosecuted for covering up for the president.”
I'm sure President Trump has ample reason to be grateful to Stone. His silence won't go unrewarded.
November can't come soon enough.
35
@Steve - Not a perfect echo - there was a conviction and there is a sentence. That Trump will pardon and Stone will walk, making the work of applying the law and meting out Justice just an exercise, doesn’t erase the laws of the land.
The very public interference forces people to see the corruption, knowing that there is a different set of rules for the rich than for the poor. That has always been undeniable. Now it is also obvious.
12
What bothers me is that, even though this may have been the sentence the judge intended to levy all along, it gives the appearance of acquiescing to Trump.
578
@retnavybrat
I agree 100%. There was a very good article in the WSJ yesterday that showed how the original proposed sentence was built up. For the crimes he was found guilty of and the fact that he no prior conviction, the recommendation is about 2 years. Then the prosecutors proposed adding points (which means more time) for not cooperating, more points for showing no remorse, and then even more points for supposedly threatening a witness (the witness has stated that he did not feel threatened. In essence, the prosecutors were trying to add everything they thought they might get away with to his sentence.
All the add ons are what Barr objected to before Trump butted in. And it is doubtful that the judge would have gone for them all. But mow, conspiracy theorists will always complain of collusion.
Something to keep in mind is that even without a pardon, he probably will only serve a fraction of his sentence. This week, there were articles about the pardon given to Milken. He was originally sentenced to 10 years, but many articles said that he would probably get out after 4. The surprise was that the original sentencing judge reduced it to less than 2 years.
23
@luxembourg
It may look like "collusion," but it reeks of intimidation.
53
@retnavybrat
The president abhors excessive sentences, whether for Stone or other federal inmates; hence, his signing the First Step Act.
3
Can anyone tell me why his country seems like a deer frozen in headlights. What is the Democratic party doing. Is anyone filing law suits in Federal court? What about the March on Washington or whatever they call themselves now? Anyone acting aggressively on trump and this administration. I'm sitting here waiting for a call from someone willing to stand against this guy. Hello! Anyone out there? My country is going to hell and no one seems to be doing anything about this.
1016
@jerome stoll
I feel the same way. But the powers that be know how tied down the average person is by their daily lives. And of course it takes courage and cooperation and lots of time to organize, which many of us don't have.
74
@jerome stoll If this had happened earlier in Trump's administration, people would be in the streets. The numbed response at this point speaks to overwhelm and frustration. This is what it feels like to live in a country in which corruption and authoritarianism are gnawing away at civic norms and democratic institutions. Americans could never have guessed they would understand this experience from the inside. We do need to summon ourselves to resist --among other things, it is critical that we speak the truth, again and again. And of course, we need to vote.
200
@jerome stoll Go online and look for a nonpartisan organization. They are out there working hard to register voters. got out the vote, and support non-Trumpian candidates. You don't have to do much if you don't have any time. Even a couple of phone calls to your senators supporting some of those house bills sitting on McConnell's desk would help. Or maybe commenting on some of the many rule and regulation changes wouldn't take up too much time and, since they're online, can be done whenever you can. Singn up with those political organizations; they'll alert you to these things.
119
I think the sentence was fair, that's a long time for someone his age to be locked up. I hope he serves at least until after November.
However, I totally agree with Bookbinder's assessment. Add this to all the pardons Trump has given. Trump says there was unspecified corruption by Hunter Biden and is pardoning people convicted of corruption. He included a single Democrat, who tried to sell a Senate seat, just to show he's fair.
Barr is more than happy to do Trump's bidding, no matter how vile. He complained about Trump's tweets, not his intentions. Yes, it is impossible to pose as a legitimate AG if he undermines his own prosecutors, and would have been fine with it if Trump didn't make it look like Barr was following orders.
I doubt Barr has any integrity, he actively wanted this job. Too late now to express indignation. He is disgraced, and will go down in history as a key part of the most corrupt administration ever.
We have to stop thinking Trump is stupid, and to be mocked. We are the ones who are stupid if we don't get it that Trump will push everything as far as it can go, and is surrounded by an administration and a Congress willing to give him whatever he wants. We are the stupid ones debating nuances of health care programs while our democracy and justice system are being destroyed.
662
@Jerry S You are absolutely correct. As the democrats fight about minutia and implode, Trump takes over the justice department. No justice = no democracy. Only Adam Schiff seems to truly understand what's at stake. I'm not seeing that from the democratic front runners.
51
@Jerry S
Why should age matter with regard to sentencing? Young folks should get longer sentences? Do the crime, do the time.
92
@Jerry S the short sentencing fair because of he's too old to be in prison too long? This guy threatened a witness. This guy lied in court. This guy has done much over the years that has harmed or taken advantage of many people who have suffered worse than being in a white collar prison for less than two years (and you know he'll get out on parole anyway)
59
If Stone's flaunting of the justice system offered an opportunity for prosecutors to ask for a harsher sentence than what the guidelines suggest, how can it also be true that the judge's ruling of a sentence that is less than 50 percent of the guidelines be considered normal?
7
@Josh , My question exactly. If the original recommended sentencing range was so appropriate given Stone’s behavior added the facts of the case, why was the judge’s opinion so different?
5
The slow erosion of our trust in the DOJ is troubling. The inability or lack of an effort by Barr to rebuild the trust is even more troublesome. And Trump’s disregard for DOJ and the process must alarm all of us regardless of political believes.
397
@Concerned Citizen ...Not unlike the erosion in the State department under Pompeo. Things aren't so great in the FBI and CIA, and EPA has completely gone south. Makes one wonder about Putin.
30
@Concerned Citizen Welcome to what people of color have experienced since before the beginning of the republic. It's just that the set of persons who should not trust law enforcement has been expanded to you.
5
@AACNY Did you read Bookbinder's analysis of how sentence-lengths are calculated? It contradicts your statement.
3
No matter. Just one look at Stone's face in the accompanying photo makes clear that the fix is in. He'll be pardoned by the weekend, and he's know that from the beginning. The problem here stems from the top - no system, no matter how well construed, can safeguard when the people charged with implementing the system are corrupt, lacking any respect for the rule of law, or for the people of the country. And the problem is compounded when so many citizens turn a blind eye to such overt injustice and corruption. November will reveal the nation's fate. Of that I am certain.
1308
@Michael If November reveals the nation's fate, I tremble for the nation. It's very difficult to bounce an incumbent, under today's circumstances particularly (see Alan Lichtmann's 13 Keys of prediction), and the Democrats are not inspiring any confidence of being able to do so with their weak lineup and fractious and inept organization.
48
@Rocky
I agree the Dems need to pull it together. I hope i'm not buying into conspiratorial thinking, but today's report on Russia's 2020 election meddling does cast Iowa in a different light. All I can say is Dems must insist on paper ballots.
80
@Michael Just the slightest disagreement. I think Trump will let him stay in jail for a couple of months (note the delay around considering asking for a new trial--that can be drawn out for months!).... and then, immediately after the election, will pardon Stone. Trump is clever ("evil genius" is my view), and won't endanger offending any voters.
25
"Has the Trump Department of Justice ever asked for a lower sentence for someone who wasn’t a presidential ally?"
Well, they haven't even brought charges against Comey and McCabe despite clear wrongdoing and recommendations for prosecution from the inspector general. Which basically asking for no sentence
13
@Keith
Sorry, but that doesn’t even make sense.
Besides, do you think for one second that if Trump/Barr had even the slightest, tiniest thing that they could legitimately charge Comey or McCabe with that they would hesitate to do it? Not likely.
304
@Keith The IG did not recommend prosecution of either Comey or McCabe. The IG recommended investigations with the potential for charges and prosecution to be made. That's an important distinction, one which you should endeavor to understand.
The investigations determined that no wrongdoing worthy of prosecution had been committed by either person. Your point is therefore invalid.
119
@Hugh CC Precisely. If prosecutors can indict the proverbial ham sandwich, you know McCabe would have been a croque monsieur by now.
32
Bravo!
2
It was a good run America.....enjoy your King.
33
This is ridiculous. If he gets a lesser sentence then he should serve it in San Quentin. Why are people ok with this. One rule for the citizens a different one for the cronies. He was convicted of felonies. If you are poor, if you do the crime you do the time. Period. That’s the law. No exceptions
27
A much better question to ask would be: Has anyone who was not a presidential ally ever received so obscenely and unjustly inflated sentencing recommendation from prosecutors?
5
@David The recommendations were neither unjust nor inflated according to the Department of Justice. Barr does not dispute the relevant facts or the applicable law.
9
@David "unjustly inflated"?
The prosecutor's recommendations were in accordance with advisory sentencing guidelines. Take it up with the DoJ they signed off on how closely to hew to the guidelines. The details are in this article.
7
Historically speaking justice is seemingly forever delayed in every criminal and civil case having to do with Donald Trump. There ought to be a serious penalty for such recidivist defendants filing losing appeal after losing appeal and thus avoiding penalty or punishment for years while wantonly wasting the time and resources of the courts solely for their greater convenience.
13
How many people that have labored in the Trump Executive Branch Administration have been fired, (ala the Apprentice)?
How many have resigned or been pushed out of the TEBA?
How many fled, gave up, escaped and bailed the TEBA?
How many are Acting (ala Hollywood) heads of State?
Who is left in the TEBA, and why?
Why is Fox News running the policies of the USA now?
It's been quite an unstable, spasmodic, episodic reality for TV drama for 4 years.
5
One thing I have learned since Trump has been president is that some people can have all the qualities that appear to make one competent to satisfactorily perform their job - a good education, erudite, well spoken - and yet be, at best, totally inept, and at worst, totally indifferent, to understanding their responsibilities to the American people and to adhering to our Constitution. And Trump always seems to be able to find one to fill any vacancy that opens up in his administration.
7
I agree but don’t think Trump cares one bit if his acting appointees have any qualifications whatsoever. In fact I believe he delights in picking the least competent people on paper he can find.
How much more PUBLIC can trump be about his disdain, disrespect, and annoyance with the "American Rule of Law"?
The trump/barr team of judicial confusion is just the most recent example of a wannabe autocrat who does not recognize or acknowledge that America's laws include him.
Now that the republican senate has spinelessly let him off the hook for his crooked activity in the Ukraine, there seems to be no 'questionable' thing he will not try.
When will 'the rule of law' return to the country?
7
The sentences seems fair. But the burden now is on Judge Jackson to hold a hearing on the matter of the juror Tomeka Hart who lied to the judge.
The Supreme Court has repeatedly declared that the “minimal standards of due process” demand “a panel of impartial, indifferent jurors.”
Hart’s record suggests little that is impartial or indifferent. She was perfectly within her right to engage in such commentary and protests — but she had no right to sit in judgment of an associate of the president after her public declarations.
Tomeka Hart's participation raises serious arguments for setting aside the verdict, from the possibility of ineffective counsel to the denial of due process.
4
Baloney, it took a unanimous vote to convict Stone, and in any event, as long as a juror states an ability to be fair and follow the law, you can't throw them off for political affiliations
What Barr did was wrong. What Trump did was wrong. How can anyone speak of "fairness" when Donald Trump treats career government employees with egregious unfairness. Fairness to Trump is only for those Trump thinks of as loyal to his over-bloated self-image. We have a real problem in America when Donald Trump, the bloated hypocrite in the Oval Office, is the arbiter of "Fairness".
11
What this actually calls into question (as if there were still a question) is the Clown's fitness and qualification for the job he now holds. He is neither fit nor qualified.
His authoritarian style - and that's putting it nicely - and demonstrated ignorance and flouting of the laws and norms our country has held dear for many decades, is nothing short of detestable and dangerous.
The Clown's attempt to rule our republic as if he were a king is making a mockery of its ideals and a shambles of what remains of our representative government.
6
Bill Barr knows exactly what Donald Trump expects in terms of intervention in certain cases, either to help his friends and co-conspirators, or punish his enemies. Trump doesn’t have to explicitly state it. If your boss has to constantly explain to you what your job is, you’re not very good at your job...and Barr is very good at the job he’s been given.
He’s just not good for the country or the cause of justice.
7
Trump was right and Barr was right. The 7-9 year sentence recommendation was excessive. Judge Amy Berman Jackson agreed.
4
@hula hoop So why did Trump and Barr intervene? Didn't they trust the judge? Didn't they trust their own prosecutors? Aren't you even a tad concerned that the president - someone with lots of power - would even speak about the case lest he sway opinion? Aren't you concerned what kind of system we will have if a president opines on cases regardless of who the litigants are? I'm sorry but this is all very unusual. I can't remember any president commenting in public about the pending sentencing of a convicted person. It just seems, you know, un-American.
2
Stone has always known that he had Trump in his back pocket. As such, he didn't need to take a deal. He could "dummy up", thumb his nose at Congress, lie, and demand a trial, and never appear to turn on his buddy the POTUS, resting secure in the knowledge that at some point a pardon would wipe the slate clean. Must be nice to enjoy such impunity before the law. Not only did he have Trump in his back pocket, he had Barr in his front pocket. When the career prosecutors brought their sentencing recommendation to the judge little did they know that AG Barr would, in an attempt to further denigrate the depart he runs, attempt to downgrade the sentencing recommendations. If this doesn't sicken most Americans it should.
13
Trump believes he is above the law, and that anyone who aids him is also above the law. He then puts this belief to work, as he has done here. So much for checks and balances. To use a Trumpism: the entire system is rigged - in his autocratic favor.
5
It wasn’t a fair sentence. You have to consider that what he did would be considered treason if we were officially at war with Russia and he would have been subject to the death penalty. These people who are trying to destroy our precious democracy are far more dangerous than non- violent street criminals.
7
"Has the Trump Department of Justice ever asked for a lower sentence for someone who wasn’t a presidential ally?"
Alice Johnson and a number of her friends.
Also Blago.
So to answer the question, yes.
Fun Fact: Did you know President Obama commuted the sentence of Oscar Lopez Rivera, a known terrorist? Outrage?
4
@John cavendish Fun fact. He didn't do it to exonerate anyone as reward for covering up his own corruption. Big difference.
4
Headline: "...The Stone Sentence Was Fair. What Barr Did Was Still Wrong..."
R. Stone sentence could've been 7-9; it's only 40 months, plus probation.
A sentenced defendant who accepts any, (presidential / other), pardon LOSES his-her-their right to refuse to testify concerning their conviction, via the 5th Amendment. Has Mr. Trump...faithful in his utter, contempt for law enforcement, considered this issue as he chomps at the bit, to pardon Stone?
It's ironic that Trump is, (allegedly), being told to wait, 'til after the election to pardon Stone...(supposedly), due to potential 'pre-election' blow-back, because...post pardon, Mr. Stone will be subpoenaed to testify, and if he refuses OR Is caught, lying, (again), he'll be re-indicted / re-jailed, post conviction!
THAT'S the ONLY reason we WON'T see a Stone Pardon, assuming Trump doesn't actually, pardon Stone 15 minutes from now...anyway!
5
Barr & Trump epitomize the swamp that Trump said he would drain on day one of his presidency.
No one with a functioning brain is shocked.
6
Didn't the Justice Department give the Sacklers a sweet deal years ago? They could have saved thousands of people.
Didn't the Justice Department give Epstein a sweet deal?
Authorities know which gun dealers are supplying weapons used in crimes. They know which gun manufacturers supply criminal organizations. They do nothing.
Authorities know which people in our communities are in gangs and which people in our communities commit violent crimes. They do nothing.
Authorities know there are 20,000,000 people in our country illegally. They do nothing.
The Justice Department has always given certain people a sweet deal. The Justice Department routinely turns a blind eye to illegality. Nothing new here.
1
"Is Like Nothing I’ve Seen Before"
Not here, but its' certainly commonplace in autocratic states.
2
President Clinton committed perjury and tampered with at least one witness, Lewinsky.
Why should he not be imprisoned for 40 months?
4
Just wait till you see what Trump is going to do for Roger Stone.
1
@SCZ Well, don't be surprised if Roger the fop finds a Cabinet job given the never ending revolving door which sees competent people leave and sycophantic hacks brought on board. The Trump reality show.
Is this shocking? Yes.
Are we shocked? Nope.
We're long reconciled that no matter how low the Barr, Trump can, and will, stoop lower.
3
Oh, please. The federal judge in the Stone case, Amy Berman Jackson, just said herself today that the prosecution's recommendation of 7-9 years for Stone was "greater than necessary."
This pity party of left-liberal outrage is getting awfully thin. The judge -- appointed by Obama -- could have easily called for a new trial or vacated the case based on the undisclosed anti-Stone bias (via social media) of the jury's foreperson.
Meanwhile, three of the four offended prosecutors who quit were part of Robert Mueller's team of zealous Democrats harping on the unsuccessful Russian "collusion" probe, and obviously seeking payback on Stone.
Why no outrage on that political use of our justice system?
4
Not mentioned here is the fact that Barr himself gave a speech a few days earlier in which he argued that the DOJ needed to be tougher on crime. Such shameless hypocrisy.
9
It is tragically obvious that Bill Barr is working for interests other than the United States. Follow the money and see where it leads.
3
With corruption at fever pitch in the Trump administration I fear we are watching our democratic republic melting away.
5
"As Judge Jackson said in Thursday’s hearing, she made this decision based on her own assessment of the relevant facts, and she likely would have imposed a sentence below the guideline range irrespective of Mr. Barr’s intervention."
"LIKELY"? Did she acknowledge that she might have been influenced by Barr? Or did the reporter paraphrase her remarks inaccurately? The Times story on the sentencing does not say.
3
Yes - and last night not a peep about Trump's DOJ, but a heck of a lot about Bloomberg's NDA's, stop and frisk, and how many houses the guy owned.
5
@Stan Carlisle They're not mutually exclusive (or, at least, one does not imply ignoring the other is the way to go).
Trump and his gang will reject Noah Bookbinder's opinion out open hand, fast. Anyone associated with an outfit devoted to "Responsibility and Ethics in Washington" rates with the Trump gang as dangerously subversive.
3
Yeah. And Putin is helping Trump in his 2020 election. And the Democrats are distracted by who has more money because wealth is bad. Who is more pure. Who said what bad thing 20, or 40 years ago. Trump doesn't need help from Putin because he has the Democrats eating themselves alive. Here comes the Revolution. Fools.
2
Who says crime doesn't pay? They certainly knew nothing about this administration and it ain't over yet.
5
@Sharon Conway I agree. It seems one man's crime is another man's "being treated very badly. Terribly unfairly."
2
Stone's criminality is beyond doubt (as is Trump's). Condoning Stone may be the new order, once the Dpt. of Justice is re-baptized 'The Dpt.of Injustice'. This, practically guaranteed, if the current vulgar bully in-chief is allowed to re-assault the presidency this coming November.
2
And now comes the pardon.
That makes at least five given prison sentences for covering up Trump crimes and committing their own, Manafort, Gates, Papadopoulus, Cohen and Stone. Flynn, who admitted to lying to the FBI to cover up Russian interactions, is awaiting sentencing.
In the world of organized crime, which the Trump world closely resembles, this used to be the pattern. The underlings go to prison while the Don goes free, for lack of "evidence".
Then RICO came along and mafia bosses started going to prison.
Trump seems to be building a RICO case for prosecutors himself. Maybe he could by charged by the end of 2020, if enough people voted.
Dem 2020 campaign slogan:
RICO Trump!
GOP 2020 campaign slogan:
Re-elect the Don to keep him outa prison!
2
That makes at least five given prison sentences for covering up Trump crimes and committing their own, Manafort, Gates, Papadopoulus, Cohen and Stone. Flynn, who admitted to lying to the FBI to cover up Russian interactions, is awaiting sentencing.
In the world of organized crime, which the Trump world closely resembles, this used to be the pattern. The underlings go to prison while the Don goes free, for lack of "evidence".
Then RICO came along and mafia bosses started going to prison.
Trump seems to be building a RICO case for prosecutors himself. Maybe he could by charged by the end of 2020, if enough people voted.
Dem 2020 campaign slogan:
RICO Trump!
GOP 2020 campaign slogan:
Re-elect the Don to keep him outa prison!
Let’s see... what was one of Mr. Trump’s slogans for running in 2016?
That’s right, it was “Drain the swamp.” What has he done to that effect?
Unfortunately, I think he’s a little too right at home being a troll in his personal little swamp in D.C.
5
Trump corrupted the Stone case straight up. Barr was a witness only.
1
Of course we all know what is coming...Trump will pardon Stone---Flynn and Manafort will be next up for the Blago treatment. In this administration you are either a friend of Trump or an enemy of the state---and silence on the part of Republicans is deafening.
1
The judge said the sentence was too high.
2
@Julia
Given this level of hatred for Trump, a life sentence would have been justified in their mind. Never mind that the judge concurred with Barr.
1
"What Barr Did for Roger Stone Is Like Nothing I’ve Seen Before."
Yeah, well. The democracy is burning. Find a stick, and pull out the marshmallows. You just gotta love these unmentionables. The demagogue and his base and the Republicans who are scared witless by the lot of them. Mad for power, driven by greed, too clever by a country mile. This is far from the end. The resistance is far more robust than that. Think, civil rights and voting rights. But somebody somewhere is writing something on a latrine wall. It smells like what's his name.
4
Thank you for writing this article. The rule of law is important.
No one should be so well connected that they stand above the threat of punishment for violating the law and no one should be so disenfranchised that they cannot seek redress under the law. The government should treat people equally when making decisions related to stopping, arresting, trying, and sentencing people accused of criminal acts, regardless of their political connections. The sentencing guidelines help professionals apply criteria consistently when sentencing.
In some countries people with connections are treated more leniently or allowed to openly violate law. In some countries, the president tries to bully or pressure administrators, prosecutors, and judges to use the criminal justice system to protect friends and punish enemies. This approach is bad for business and bad for civil rights. The long term consequences are serious.
5
Mr. Bookbinder confuses executive intervention with executive consideration. As for what he may have seen before, he appears rather selective in his memory.
4
@Matt Andersson
"As for what he may have seen before, he appears rather selective in his memory" - evidence, please.
Too often overlooked is clear evidence that Trump’s allies either in , or on their way to jail know that if they sing, the Russians will exact specific atrocities on them, and or their families. That is why they display such loyalty/ patience. A pardon at the end of the road is all they can count on.
5
Excellent question. This points to the fact that this president is using his power to benefit friends and allies, at the expense of justice. What, in government, is more important than that?
7
Will Trump restrain himself and wait until Friday night to issue Stone's pardon?
Then the old classic, hope no one watches the news Friday night, followed up with a weekend tweet storm, about something sure to be front page news well into next week.
I still can't believe this man actually convinced voters he was going to clean up Washington and that they still believe him.
94
William Barr has two central missions: First and foremost, to maintain the pipeline of ultra-conservative Catholic justices onto the Court, in order to "return America to morals" and also serve the plutocratic class returned to glory by the ongoing Reagan Restoration. Second, partly to effect the former, to prop up a wannabe autocrat, fulfilling Barr and his father's ideology of near-monarchical authoritarian executive power.
65
@Rocky What about that third goal? That Trump will reward Barr with a Supreme Court nomination?
In 1789 president George Washington appointed the first attorney general just months after he himself had become president. Though the Justice Department was not created until 1870, George Washington made his attorney general a member of his cabinet from the very start. That trusted relationship has endured to this day.
As an appointed executive officer, the attorney general is responsible to the president, and derives all of his authority from the president. He or she is not independent, but dependent. No voter selects the attorney general, and he or she is not responsible to the people.
Almost all of the states do differently. The attorney general in all but a few states is elected by the voters, and is independent from the governor. Independence works, because the attorney general is directly responsible to the people and need not be responsible to the governor.
Given the federal system, the attorney general is one of the president's most trusted advisors -- a wingman in one recent attorney general's parlance. That's the way it's always been. That's the way it should be.
Through the attorney general, all prosecutors in the Justice Department work for the president. The same principle applies. They need to do their job the way the president thinks they should do it. If they don't want to, they should resign.
5
@John Smithson This is a sophistic argument that does not recognize the practical importance nor the traditionon of an independent judiciary. Trump could certainly use his power to overrule and intercede in every case that benefits him personally.
10
@John Smithson
Pursuant to statute, the Attorney General is appointed and is the head of the department of justice. The Attorney General's rights and duties are statutory and the Attorney General is not permitted to do whatever the "president thinks they should do."
That is factually and legally incorrect.
The Attorney General is only the lawyer to the President insofar as he or she is tasked with the duty to help the President carry out his or her obligations under the Constitution.
18
@John Smithson Right - this is essential if the AG is to be effective at protecting the President when he breaks the law. If the AG were independent, Presidents would have to watch themselves - can't have that.
5
For most of his life Trump has wanted to stick it to judges who have consistently found against him. He has always craved that power and would hold it to himself. After all he has claimed that he is a 'stable genius' and the only person who knows anything about anything, megalomania at its worst.
Mr. Stone was convicted and now is sentenced according to the law. Trump's words and actions is a slap in the face to every jury that has served and judges who try to implement the law.
99
"The top prosecutor in the land must demonstrate a commitment to protecting the rule of law, not the president and his allies."
But precisely what Barr is saying by his actions, if not his words, is that Trump IS "the rule of law."
This is the definition of a despot & dictator. Even a king is subject to the law of the land, but a despot and dictator holds himself above the law.
But you may ask, who is enabling Trump to behave this way?
Look no further than the Republican party as it stands today.
152
The question isn't if they've ever asked for a lower sentence for someone not a presidential ally. The question is: WHAT CAN WE DO ABOUT IT?
32
@ManhattanWilliam
What can we do about it?
Try VOTING.
Vote out every Republican who is on the ballot on November 3, 2020, federal, state and local offices.
EVERY. SINGLE. ONE.
They are all Trump enablers, members of the Cult of Trump.
Vote BLUE, no matter who, top to bottom.
Vote as if our democracy depends on it, BECAUSE IT DOES.
That is what We The People can do.
5
@Joe From Boston Really? I have one vote. There are no Republicans in NY with any power. So what about the rest of the country? How about the people that will always “vote Republican”? Your answer is far too obvious and ineffective.
The hypocrisy of the right is more than ironic, it's dangerous. Just try to imagine Obama interfering with the sentencing of anyone, friend or foe, and the reaction from Fox and Friends. We may never get to see how this could play out if a Democrat becomes president because 2020 could well be the last national election where Democrats are allowed to run for office or vote. Trump could simply declare all non-Republicans enemies of the state or suspend elections, claiming national security issues. Perhaps he will suspend Congress. Who is going to stop him?
182
There's no doubt Trump has created the environment by selecting easy followers unburdened by a need to be deemed credible by anyone outside their tight Fox News circle to metastasize the Justice Department into Trump's personal security dude. There is no respect for office in this administration and even less respect for country. It simply couldn't be more apparent that Republicans cannot be trusted to run a responsible government or recognize one careening out of control. The biggest danger to the U.S. at present is without a doubt, the GOP.
189
"The Stone Sentence Was Fair. What Barr Did Was Still Wrong."
I am also glad that Stone's sentence was far; much less than 9 years. That should remove the notion that his sentence was unreasonable, thus taking away an excuse for Mr. Trump for pardoning him.
So, if Mr. Trump still goes ahead and pardons him, it only means one thing: Stone has something truly big on Trump and must have threaten Trump to spill the beans, if Trump does not intervene and he ends in jail.
104
Many of you are jumping ahead; the odds are decent he will get a new trial. Anyone who thinks the foreperson was on the up and up is deluded.
3
@Eddie B. Stone will be pardoned because he has been totally loyal to Trump. To Trump, loyalty is everything.
Eddie B., or it could be that Donald Trump simply thinks that Roger Stone's prosecution was really just persecution. That's what I think.
2
The US has been tearing down supranational institutions for years: WTO, ICC, UNESCO...
Why should it surprise anyone that the Trump administration is now tearing down federal institutions? First the State Department and now DOJ.
68
"There is one other factor that makes this move all the more extraordinary. Roger Stone did not plead guilty, cooperate or accept responsibility in any sense. He took the case to trial, showed contempt toward the justice system and disobeyed the presiding judge’s orders."
He also threatened the judge with an image. Sure, one can argue that was Roger being Roger (as he has a well-worn reputation for insolence), but even so, it was insulting and potentially dangerous.
I really wish the judge had factored in Stone's attitude and his violations of court orders in determining his final sentence.
But her ruling, by no means leaves Barr off the hook. He works for a president who has put himself in charge of judging cases for his friends, as well as his enemies, erasing the wall of independence between DOJ and Executive branches.
That Barr is allows it makes him unfit for office.
360
This is not in any way persuasive. What evidence does Bookbinder give that justice was served by a lesser sentence than both the guidelines suggested and the career prosecutors who worked on the case asked for? Simply that in 1/4 of cases judges give less than the sentencing guidelines. How does lying to and obstructing Congress, and threatening a federal judge, lead to a lesser sentence. The judge in fact stated that Mr. Stone's actions were a "threat to the very foundation of our democracy". Even the prosecutor who spoke in court today stated that the aggravating factors had, according to the earlier Times article, "boosted the penalty recommended under the guidelines for Mr. Stone fivefold" and that Mr. Stone's offenses were "serious" and "worth a substantial period of incarceration." In other words, not a single mitigating factor.
I can't imagine the pressure Judge Jackson had to face in this matter. The full power of the U.S. government is subservient to the corrupt, self-dealing, self-serving, crime-committing so-called "president" of the United States and his thug enforcer, occupying the formerly exalted office of the Attorney General. These two criminals certainly got to Judge Jackson. There is no other explanation. And neither Mr. Bookbinder nor anyone else should try to suggest otherwise.
64
I believe the judge may have reduced the sentence because if it were per the guidelines, Trump would more certainly pardon. With luck and 40 months, maybe he will refrain.
12
@Andrew Peck When pigs fly...
5
@Andrew Peck I think the ball is very much in Stone's court. A pardon may be the only thing he'll accept—asap.
A few commentators here either intentionally or genuinely miss the point. The fact that Judge Berman's sentence happened to coincide with the "new" Barr-inspired recommendation does not prove that "Barr was right."
It only proves that if trump and Barr had let the system run its course, had faith in our system instead of panicking, they would have the outcome desired.
Stone did himself no favors with his mid-trial shenanigans and that worried trump.
29
@trblmkr Of course it means that Barr was "right". Regardless of how a judge ultimately rules, the Justice Department should make recommendations for sentencing correctly in accordance with the crime for which the individual was convicted. This was a case of a clearly vindictive Mueller-team prosecutor seeking an inappropriately long sentence. Barr simply corrected that situation - as he should have.
6
@Michael: Did you read the article? The original sentencing recommendations were EXACTLY what was required by the Justice Dept guidelines formulated during Jeff Sessions tenure as Attorney General.
44
@trblmkr What it means is the judge was afraid of Trump and his wealthy cohorts and caved under pressure. A real coward.
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Bernie supporter here, but articles like this is why I (and many Sanders supporters despite the popular narrative) will be voting blue no matter what even if he does not get the nomination. We currently have one party that does not respect democracy and will allow crooks like Barr to stay in power. The power of presidential appointment is huge. It is also why I encourage any moderates here to vote for Bernie if he does end up with the nomination. However negatively you may feel about his economic policy, his respect for democracy is clear.
Every day Trump and the GOP give us another open display of disregard for democracy, that is what makes the Trump presidency so especially horrific. Just think about how awful the Supreme Court would look by 2024 if we have four more years of Trump. Vote your preference in the primary, but sitting out the general election would be awful. Democracy depends on your vote.
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@Roman And that applies as well to Sanders supporters - vote for whomever is the nominee, even if it is not him. Do not sit this one out - our lives depend on it.
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@sonya I agree. That's what I said in the first sentence.
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@Roman Thank you for your pledge. But unfortunately I feel too many of your brethren do not feel that way. We saw what happened last time when the Dem turnout was way down from 2012. RepubliCON vote totals were similar in states like Wisconsin between 2012 and 2016. But all those so-called Dems that stayed home gave us the conman in the White House. Remember, this is not one big election, it is actually 50 smaller elections, where each one is winner-take-all. And it will come down to maybe 7 or 8 states. So, if you live in one of those "swing states", be sure that you get yourself to the polls on Nov 3.
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No doubt in my mind that President Trump will be commuting Stone's sentence soon along with pardons and commutations for all of his other partners who have been found guilty or charged with impeachment level crimes.
There is only one way I will exonerate the President for his class and conspiracy based pardons and commutations -- if he announces thousands of pardons for the poor souls sitting in federal jail for non-violent marijuana crimes.
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@tony
"Commuting" Stone's sentence carries a significant risk, both now and in the future to Trump. Trump would have to pardon Stone--which he can do at any time.
Once pardoned, Stone loses his 5th amendment immunity, so MUST testify fully and completely to all aspects of the crimes for which he was charged and convicted. (After all, it is impossible, post pardon to use his testimony against HIM.)
Stone can be sat down and compelled to testify on penalty of being jailed for contempt of court. After a bit of time in prison to think about it, he can be questioned again. Rinse. Lather. Repeat. Both the threat of many sessions in the slammer for contempt, plus losing out on an enormously lucrative book deal will "strongly encourage" Stone to testify about what he knows. Stone is an exceptionally vain man--who would delight in describing how important he was to Trump's campaign and victory--and Trump knows a fellow narcissist when he sees one.
Trump needs to be very afraid of a pardoned Stone. This could be why they got a reduced sentence--precisely to avoid the "need" for a pardon.
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@tony
But Tony, the "poor souls sitting in federal jail for non-violent marijuana crimes” have almost always taken plea bargains because they have, in fact, committed violent or drug sale crimes. They got reduced charges; that is why they accepted guilty pleas.
FBI Director Comey said that he has never, that’s never, seen anyone imprisoned just because they possessed a small amount of marijuana. Michelle Alexander and Ta Nehisi Coates know this; but they do not tell you.
Those with the most educational socioeconmic political color aka race, ethnic, national origin and religious power in America should be treated more harshly in criminal justice prosecution and sentencing in order to give the appearance and substance of being fair, just, moral and objective.
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@Blackmamba Not treated more harshly, but just the same as everyone else.
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