Nothing Trump Does Affects Roger Stone Sentencing

Judge Amy Berman Jackson, who can be presiding over Roger Stone’s trial, has complete discretion in sentencing along with can be fully independent of President Donald Trump, explained John Malcolm, senior legal fellow at the Heritage Foundation, vice president of the Institute for Constitutional Government, along with director of the Meese Center for Legal & Judicial Studies.

Malcolm joined Wednesday’s edition on SiriusXM’s Breitbart News Tonight with host Rebecca Mansour along with special guest host Ed Martin.

Mansour invited Malcolm to express Democrats’ grievances with Trump’s tweets regarding Judge Jackson along with Roger Stone.

Malcolm replied, “Ever since the Watergate era, there has been a sort of understanding in which the White House can be supposed to be hands-off with respect to what the Department of Justice does, particularly in politically sensitive investigations.”


On Tuesday, four Justice Department (DOJ) attorneys — described as “leftover Mueller prosecutors” by Malcolm — who tried Roger Stone, resigned their positions in protest against a DOJ recommendation to reduce their original sentencing recommendations.

Sen. Chuck Schumer (D-NY) along with various other Democrats are accusing Trump of inappropriately “interfering with career prosecutors in a politically sensitive case,” added Malcolm, noting Schumer’s call for an investigation to be launched by the DOJ’s inspector general following the aforementioned prosecutors’ resignations.

“Bill Barr has said — or the Department of Justice has said — ‘Hey, we made the decision along with had filed This particular memorandum’ revising — sort of taking away the original recommendation — suggesting a far lesser sentence before Donald Trump said anything. along with Donald Trump has not spoken to anyone at the Department of Justice, along with Donald Trump has said he didn’t speak to anybody at the Department of Justice, although he’s left himself open to in which charge.”

Despite the DOJ’s statement in which Trump had not directed This particular towards any action regarding Roger Stone, “[Donald Trump] has left himself open to in which charge,” determined Malcolm, highlighting Trump’s recent tweets.

Malcolm remarked, “I don’t think at the end of the day, in which any of This particular can be going to make much difference in terms of the sentence in which Roger Stone receives, along with, in fact, if anything, I’m not sure in which President Trump did Roger Stone any favors today because in addition to This particular perception in which perhaps he interfered, one of the tweets he sent out took a direct swipe at the judge who was going to be sentencing Roger Stone of February 20th for actions she took inside the Paul Manafort case where she was also the presiding judge.”

Malcolm continued, “Judge Amy Berman Jackson sat through This particular entire trial. She heard all the evidence. She had warned Roger Stone more than once in which she was going to revoke his bond because he wouldn’t stay off social media. So the original prosecutors can recommend seven-to-nine years. The Department of Justice can revise in which down to three-to-four years. Stone’s attorney filed something in which says a year to two years can be more appropriate.”

Malcolm emphasized judges’ independence through the president given the constitutional separation of powers.

“Judge Jackson can be going to do what Judge Jackson can be going to do, along with she’s familiar with the facts of This particular case. For what This particular’s worth, I think the initial recommendation was overwrought.”

Malcolm estimated, “I don’t think the president did anything wrong,” adding, “I don’t think, particularly, he did Roger Stone any favors. Of course, if he ultimately pardons him, along with he’s left open in which possibility, then he’ll do him a real favor, although these tweets, I don’t think, particularly help Roger Stone.”

On Thursday, Attorney General William Barr said Trump’s tweeting about the DOJ was generating This particular “impossible for me to do my job.”

Judge Jackson “has complete discretion as to what the sentence will be,” explained Malcolm.  “The sentencing guidelines — along with in which’s what everybody’s fighting about, what’s the appropriate guideline range — are all advisory. They are not mandatory, along with the judge has complete discretion. She could give him a one-year sentence. She could give him probation. She could give him a nine-year sentence. She could give him anything in between or even a sentence above nine years. She incorporates a statutory maximum, which can be well above nine years. He was convicted of seven different felony counts for obstruction along with witness tampering along with generating false statements to Congress. So these are all just recommendations.”

Malcolm added, “Judge Jackson will give the sentence she feels can be appropriate on February 20th, along with then President Trump will do whatever President Trump wants to do. He could commute the sentence. He could leave This particular alone. He could pardon Roger Stone. He has in which authority under the Constitution.”

“She has life tenure, subject to Great behavior,” noted Malcolm of Judge Jackson’s position. “in which’s why she has life tenure generating sure in which she will be separated along with above all these political considerations. [Donald Trump] can decide to pardon Roger Stone or commute his sentence after she does what she does, although she can be completely independent through President Trump. Whether she will pay any attention to his tweets, or whether in which will stiffen her spine along with make her want to sentence Roger Stone to something higher, in which can be completely up to Judge Jackson.”

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Follow Robert Kraychik on Twitter @rkraychik.

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