Judge Considers Silencing Stone

News  |  Feb 1, 2019

Judge Amy Berman Jackson, who also is presiding over the Paul Manafort and Rick Gates cases, is thinking about implementing a gag order on Roger Stone as she did with the former two defendants

CNN:

"This is a criminal proceeding and not a public relations campaign," Judge Amy Berman Jackson said in a brief hearing.

Jackson cautioned Stone, a longtime Republican campaign adviser and confidant of President Donald Trump, against treating the buildup to the trial "like a book tour" and reminded him he should not argue his case "on the talk show circuit." 

She also said that if a gag order is imposed, that wouldn't limit all of Stone's public speaking. He and others in the case, Jackson said, could still "discuss foreign relations, immigration or Tom Brady."

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Both sides will be given a chance to respond to Jackson by next Friday. 

Stone sat nearly silently throughout the hearing, wearing a dark pinstripe suit and an occasional frown. He betrayed only slight emotion when Jackson discussed her consideration of a gag order, raising his eyebrows and lifting his chin. For the rest of the hearing, Stone was nearly expressionless, including when Jackson referenced Brady.

Stone's daughter sat alone in the first row of the audience and walked out with him and his attorneys after the hearing. Stone told reporters he was feeling "excellent" as he left but would not offer an opinion on a potential gag order. His attorneys also declined comment, pointing towards their upcoming brief on the issue.

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Jackson specifically noted how Stone has spoken publicly about the case since his arrest --which received a fair amount of attention. Stone's interviews generated publicity so far and he may have felt justified to push back after his arrest. But Jackson said she wants to make sure the amount of publicity before a trial wouldn't bias any jury that's seated. 

Stone "may be well known," the judge said, but only in certain circles. 

She also reminded him that any inconsistencies Stone has had when speaking publicly could be introduced as evidence at his trial. 

"It's my responsibility to make sure he has a fair trial," Jackson said.

When that trial may take place still is under consideration. 

The Justice Department said it would prefer an October trial date, while Jackson countered that she thought the case would go to trial in July or August. 

Jackson said she plans to discuss the trial schedule at the next hearing in the case, set for March 14.

At one point during the hearing, Jackson addressed Stone directly, warning him that as part of his bail, he is prohibited from contacting any potential witnesses or victims in his case. That included emails, text messages, Instagram posts, WhatsApp messages or even using intermediaries besides his lawyers to pass messages, she said. 

"Is that understood, Mr. Stone?" Yes, your honor," Stone replied clearly.

Prosecutor Michael Marando from the DC US Attorneys' office declined to reveal publicly who exactly those people are whom Stone shouldn't contact while fighting his charges. Instead, the prosecutors will file a list of names under seal with the court.

Judge considers gag order in Roger Stone case (CNN)