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Forget Bernie Kerik, Scooter Libby, Michael Milken—even Sheriff Joe Arpaio. This was the presidential reprieve Donald Trump’s critics feared most.Trump’s move tonight to commute the sentence of his longtime associate Roger Stone, nearly five months after a federal judge sentenced him to more than three years in prison, was surely the least surprising of his many high-profile acts of executive clemency. The president, after all, had been complaining about Stone’s prosecution from the start; had telegraphed by tweet his displeasure with the Department of Justice’s sentencing recommendation; and had tried to browbeat Judge Amy Berman Jackson into granting Stone a new trial.But the seeming inevitability of Trump’s decision made it no less brazen. Stone was more than a political ally of the president, like Arpaio. He was more than a friend of a friend, like Kerik, Libby, and Milken—whose pardons were encouraged privately by Trump’s buddies or via public endorsements from the president’s fans on Fox News. Stone was a longtime confidant of Trump, but he was more than that. To the president’s critics, he was an accomplice to Trump’s crimes, convicted of lying to Congress and threatening a witness in the investigation into Russian interference in the 2016 election, which directly involved Trump and his campaign. As Jackson noted in explaining her sentence, Stone “was not prosecuted for standing up for the president; he was prosecuted for covering up for the president.”The official reprieve came on a Friday evening. “Roger Stone is a victim of the Russia Hoax that the Left and its allies in the media perpetuated for years in an attempt to undermine the Trump presidency,” read a White House statement explaining Trump’s decision. “Mr. Stone would be put at serious medical risk in prison. He has appealed his conviction and is seeking a new trial. He maintains his innocence and has stated that he expects to be fully exonerated by the justice system.”The president’s clemency power allows him to commute any federal sentence as well as to grant pardons. Because Trump is not fully pardoning Stone, he can proceed with an appeal of his conviction that could allow him to clear his name, at least in the eyes of the law. “Mr. Stone, like every American, deserves a fair trial and every opportunity to vindicate himself before the courts,” the White House said. “The president does not wish to interfere with his efforts to do so.”Jackson, a veteran judge and appointee of former President Barack Obama, knew in February that the punishment she was handing down could very well be quickly and irrevocably lifted by a president who was watching her decision closely. All four prosecutors on Stone’s case had withdrawn from their roles after Attorney General William Barr intervened to force the Justice Department to revise its original sentencing recommendation of seven to nine years. Yet when a new team of prosecutors showed up in court for Stone’s sentencing, they defended their predecessors’ original, harsher request. Jackson pressed the prosecutors to account for the department’s dueling recommendations, but they refused to discuss “internal deliberations.”[Read: A brief history of Roger Stone]Jackson said her decision was not influenced by political pressure. In a lengthy speech before handing down Stone’s sentence, she called out Trump’s comments as “entirely inappropriate.” And she defended the investigation and prosecution of Stone in language that echoed the laments of Trump opponents, who say the president and his allies have waged an assault on the very idea of truth. “The truth still exists. The truth still matters,” she said. “The dismay and disgust at the defendant’s belligerence should transcend party.”Yet ultimately the judge sided with Barr, determining that the prosecutors’ recommendation of a longer sentence was more “than necessary” and giving Stone a prison term less than half as long as the original request. This should not have been a surprise; in March 2019, Jackson gave a similarly mid-range sentence to Paul Manafort, Trump’s former campaign chairman, after his conviction for fraud and other crimes. Yet if Jackson’s sentence offered Trump a way out of using his clemency power, he ignored it.The president did not act when Stone was sentenced but waited until just days before he was report to prison. Citing the coronavirus pandemic, the 67-year-old Stone had asked Judge Jackson if he could delay the start of his sentence—already pushed back from April until June—until September 1. Jackson granted him only a two-week reprieve, but Trump took care of the rest.While not surprised, Democrats nonetheless reacted angrily to the news. “With Trump there are now two systems of justice in America: One for Trump’s criminal friends and one for everyone else,” tweeted Representative Adam Schiff of California, the chairman of the House Intelligence Committee. Democrats have no plans to try to again impeach a president they hope to defeat in November, but Representative Hakeem Jeffries of New York, the chairman of the party’s House caucus, bluntly warned Trump that he could be indicted as soon as he leaves office.A defining trait of Trump as president is his disdain for constraints of any kind. He has raged at courts that have ruled against him, and he has chafed at—and occasionally gone around—Congress when it ignores his wishes. Trump appears to love his clemency power precisely because it is the most pure and unadulterated authority granted to the president by the Constitution. It is final and unappealable. Congress can’t stop it; a future president can’t undo it; the Supreme Court cannot review it.A while ago now, in the summer of 2018, I asked Democratic Representative Jerry Nadler of New York, who was then vacillating on the question of whether Trump should be impeached, to name something that the president could do that he thought would surely merit his removal from office. Nadler was not yet chairman of the House Judiciary Committee, Special Counsel Robert Mueller had not yet delivered his voluminous report on election interference, and Trump had not yet had his fateful phone call with the president of Ukraine. Yet the first example Nadler gave was a pardon.He told me a story about the 1788 convention where Virginia decided to ratify the Constitution. The delegates were discussing the pardon power when one of them suggested that it was too broad and should be narrowed. “What if the president engaged in a criminal conspiracy and pardoned his co-conspirators?” the delegate asked, according to Nadler. “And James Madison answered, ‘Well, that could never happen, because a president who did that would be instantly impeached.’”The Framers, Nadler concluded, “viewed the impeachment power as a limitation on the pardon power.”Tonight, Trump stepped in to save a man convicted of lying to Congress in order to protect the president. And what galls and frustrates his critics is the realization that the one check Congress has on that particular power is the move it has already unsuccessfully deployed.
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Trump just commuted Roger Stone’s sentence
Roger Stone leaves federal court on November 15, 2019, after being found guilty for obstructing a congressional investigation into Russian interference in the 2016 election. | Win McNamee/Getty Images Stone was convicted for lying to Congress and witness tampering in the Mueller probe. President Donald Trump has commuted Roger Stone’s prison sentence in a stunning exercise of presidential power that is not altogether unexpected. Stone, a longtime Republican operative, was convicted in November 2019 for obstructing a congressional investigation, lying to Congress, and witness tampering in a trial that stemmed from special counsel Robert Mueller’s investigation into Russian interference in the 2016 election. On February 20, Stone was sentenced to 40 months in prison. Trump’s commutation landed just days before Stone was expected to report to prison July 14. Trump’s commutation stops short of a full pardon. The conviction will remain on Stone’s record — for now, at least. But the Trump ally won’t have to serve his approximately 3 year prison term. Trump has long disdained the Mueller investigation and claimed it has unfairly targeted him and his associates — not just Stone, but his former campaign chair Paul Manafort and former National Security Adviser Michael Flynn. Trump and his attorneys dangled pardons during the Russia investigation. With Stone, Trump himself has finally gone beyond complaining to explicitly intervening to erase his associates’ convictions. Trump repeatedly signaled that he would grant clemency to Stone, it’s the most definitive example yet of him using the power of the presidency to protect his friends or advance his interests, Jim Pfiffner, a professor at George Mason University, said. “A willingness to use the pardon power to protect his friends and supporters sends a signal to others who might be willing to break the law in support of the president,” Pfiffner wrote in an email. The controversy leading up to Stone’s commutation Prosecutors made the case that Stone obstructed the House Intelligence Committee’s investigation of Russian interference in the 2016 election by lying to the committee about his attempts to contact WikiLeaks, and by intimidating and trying to get another witness to lie for him about those efforts. During the trial, witnesses such as Rick Gates (a Manafort associate who pleaded guilty in the Mueller probe and cooperated with prosecutors) and Steve Bannon testified that Stone claimed to the campaign that he had inside information about WikiLeaks’s access to damaging information about Hillary Clinton, which Mueller’s investigation found was obtained through hacking by Russian military intelligence. Prosecutors did not actually prove that Stone had any inside information during the trial. But, as Vox’s Andrew Prokop has written, prosecutors during the trial argued that “Stone’s motivation for his lies and obstruction was that ‘the truth looked bad for Donald Trump.’” So maybe it’s not surprise that Trump has closely followed this case — and appeared to publicly pressure the Justice Department to lessen his sentence. In February, as Stone’s sentencing date approached, federal prosecutors recommended that Stone serve between 87 and 108 months (about seven to nine years) in prison — a range prosecutors said adhered to federal guidelines and “would accurately reflect the seriousness of his crimes and promote respect for the law.” But not according to Trump. “This is a horrible and very unfair situation,” the president tweeted early Tuesday morning. “The real crimes were on the other side, as nothing happens to them. Cannot allow this miscarriage of justice!” Later that same day, the Justice Department began signaling that it would intervene, with an anonymous official suggesting that was not the sentence recommendation that had been briefed to the department. Things escalated from there, as four prosecutors handling the case abruptly withdrew their involvement. Aaron Zelinsky, who worked on Mueller’s team, filed a memo withdrawing himself from the case. Next came prosecutor Jonathan Kravis, who said he was leaving the team because he had resigned as an assistant US attorney. Two more followed: Adam Jed and Michael Marando said they would also remove themselves from the case. The mass exodus came as the Justice Department submitted a February 11 memo in the Stone case that said its first sentencing memo did “not accurately reflect the Department of Justice’s position on what would be a reasonable sentence in this matter.” The document said the DOJ believes “incarceration is warranted” but that 87 to 108 months isn’t appropriate and doesn’t “serve the interests of justice in the case.” If this all gave the impression that the Justice Department had caved to pressure from Trump, and that prosecutors resigned in protest of this interference, well, Trump has done little to dispel that troubling notion. “Congratulations to Attorney General Bill Barr for taking charge of a case that was totally out of control and perhaps should not have even been brought,” Trump tweeted. He went on to claim the “Mueller Scam” was improperly brought. That’s a wholesale mischaracterization of the inspector general’s report on the Russia investigation, which said the case was appropriately predicated. Mueller took over the Russia investigation almost a year after the FBI had opened it, and there’s no evidence the former FBI director lied to Congress. Congratulations to Attorney General Bill Barr for taking charge of a case that was totally out of control and perhaps should not have even been brought. Evidence now clearly shows that the Mueller Scam was improperly brought & tainted. Even Bob Mueller lied to Congress!— Donald J. Trump (@realDonaldTrump) February 12, 2020 Many months later, Zelinsky also told the House Judiciary Committee in June that political interference played a role in Stone’s sentencing. “What I heard — repeatedly — was that Roger Stone was being treated differently from any other defendant because of his relationship to the president,” he testified. Ultimately, Judge Amy Berman Jackson sentenced him to 40 months (about three years) in prison for his conviction. It ended up falling below the sentencing guideline recommendations, but then again, that could have happened anyway — it was always up to the judge. Now that Trump has granted Stone a commutation, the sentence doesn’t matter so much. It also puts Barr’s apparent intervention on Stone’s behalf in an even more unforgiving light — a sign that all along, this was about trying to help the president’s cronies. A president’s use of clemency also can’t be thought of in isolation. “They have to be thought of alongside all of the other mechanisms for presidential enforcement or non-enforcement of different laws,” Bernadette Meyler, a law professor at Stanford University, told me that. The commutation is the last step in a troublesome list of interventions. Trump didn’t use a full pardon, so Stone isn’t absolved of his crimes. But he won’t face the consequences for them either. Trump’s commutation effectively rewards Stone for his deceptions, which prosecutors say were intended to protect the president. The message: Try to protect the president, and you’ll be rewarded. Will Trump face any fallout for this? Trump’s commutation of Stone’s sentence is, at the most basic level, constitutional. The president does have essentially unchecked power when it comes to granting clemency for federal crimes. That does not mean it’s wise. This could very well be a precarious moment in Trump’s presidency, especially as his administration faces pressure for his handling of the coronavirus and nationwide protests against police brutality. Trump isn’t the first president to use his clemency power controversially, of course. George H.W. Bush pardoned those caught up in the Iran-Contra scandal, which implicated Bush himself. Bill Clinton’s pardon of financier Marc Rich also raised questions of influence peddling, specifically whether Clinton had rewarded a prominent donor, leading to a congressional investigation. And in 2007, George W. Bush commuted the sentence of former White House aide Scooter Libby for perjury and obstruction of justice. But both of those examples came in the final weeks and days of the presidents’ terms in office; they were leaving the presidency for good, which dulled the political fallout. Trump took this risky move months before he’s up for reelection for a second term. At the same time, Trump didn’t fully absolve Stone, and only erased his sentence, which might have been an attempt to dull the political impact. Either way, the only real check on Trump’s pardon power is political — whether voters reject his actions, or Congress investigates and denounces it. That includes Republicans, too. Experts told me the founders very much worried that the pardon power could be abused by presidents. They saw impeachment as a possible check on this. Trump already has one impeachment under his belt, and it proved that his defenders in Congress are simply unwilling to break with him. And Trump already has handful of controversial pardons on his list, too, including a string of recent ones for former politicians and businessman all doing corrupt things. Mark Osler, a law professor at University of St. Thomas and a former federal prosecutor, said past presidents have used their pardon powers in a principled way, even when it was unpopular, such as President Gerald Ford’s decision to grant clemency to Vietnam draft dodgers. They can also use it to signal what they value, like President Barack Obama’s use of clemency for nonviolent drug offenders. But Trump has largely used his pardon power to forgive others who felt unfairly accused, to benefit popular right-wing figures, and to reward and benefit his friends — and Stone, a longtime and faithful associate of the president, fits right in. “With President Trump, in the 2016 election, we all knew how much he valued loyalty,” Osler said. “And it was completely predictable how he would use clemency. The question with Stone’s commutation is whether Trump feels emboldened enough to lessen or wipe out the convictions of others implicated in the Mueller probe, separate and apart from his Justice Department. For his detractors, it will be an alarming breach of the rule of law and another norm shattered. But for Trump and his supporters, this will be yet another triumphant assault on the “Russia hoax.” Support Vox’s explanatory journalism Every day at Vox, we aim to answer your most important questions and provide you, and our audience around the world, with information that has the power to save lives. Our mission has never been more vital than it is in this moment: to empower you through understanding. Vox’s work is reaching more people than ever, but our distinctive brand of explanatory journalism takes resources — particularly during a pandemic and an economic downturn. Your financial contribution will not constitute a donation, but it will enable our staff to continue to offer free articles, videos, and podcasts at the quality and volume that this moment requires. Please consider making a contribution to Vox today.
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