istock_022020_rogerstone

DNY59/iStock

DNY59/iStock(WASHINGTON) — Roger Stone, the longtime friend and former campaign adviser to President Donald Trump, is being sentenced Thursday morning at federal court in Washington amid speculation that Trump could pardon him depending on what happens.

His fate took on new significance last week when the career prosecutors who handled the case recommended a sentence of seven to nine years for Stone, who was convicted of lying to Congress and witness tampering in November.

After Trump tweeted that recommendation was a “miscarriage of justice,” Attorney General William Barr overruled the prosecutors, and the Justice Department called on Judge Amy Berman Jackson to give Stone a much lighter sentence. Shortly after, in an exclusive interview with ABC News Chief Justice Correspondent Pierre Thomas, Barr warned Trump to stop tweeting and commenting on the case, saying he was making it “impossible” to do his job. Sources have told ABC News that Barr, who called the Stone prosecution “righteous,” is seriously considering resigning.

Stone was convicted of misleading congressional investigators on several key elements of their probe into Russian meddling in the 2016 election, including communications he had with the Trump campaign about discussions he had about the WikiLeaks dissemination of damaging documents stolen from Democrats during the campaign.

Here is how the story is unfolding:

11:23 a.m. Judge takes break in proceedings, Stone says he won’t speak on his own behalf

“At this point I want to take a short break,” Judge Jackson says.

It is not clear whether she will announce the sentence immediately upon reconvening.

After his defense counsel concluded an impassioned plea for a sentence with no incarceration, Roger Stone rises to say he chooses not to speak on his own behalf.

We are now in a 10-15 minute break.

11:16 a.m. Judge demands government explain sentencing recommendation confusion

The new government prosecutor on Stone’s case takes to the lectern to “apologize to the court for any confusion” caused by the Justice Department’s dual sentencing recommendation memorandums.

“This confusion was not caused by the original trial team,” Crabb says. “There was nothing in bad faith about the prosecution team’s recommendation.”

Jackson interrupts to ask several questions about who ordered the new memorandum, why an additional memorandum was filed, and what caused any discrepancies in the two documents.

Crabb says the first memorandum was approved by the U.S. attorney.

“What I understand is, there was a miscommunication between the U.S. attorney’s office and main Justice,” Crabb says, referring back to comments Attorney General Barr made in his interview with ABC News.

Seemingly unsatisfied, Jackson asks Crabb to continue.

“This prosecution was – and this prosecution is – righteous,” Crabb says. He then urges the court to impose a substantial term of incarceration.

Pressed by Jackson about how the second memorandum was crafted, Crabb says he could not “engage in a discussion about the internal deliberations.”

He refuses to say whether he wrote the memorandum — even though he signed it. Asked if he was ordered to write the second memoradum, Crabb again says he would not discuss it.

Seth Ginsburg, defense counsel for Stone, then takes the lectern to make his case for leniency, calling Judge Jackson’s attention to Stone’s age and family situation: “He just became a grandfather.”

“Mr. Stone has many admirable qualities,” Ginsburg adds.

11:04 a.m. Judge Jackson blasts Stone over his social media posts, including those about her

Another proposed sentence enhancement, another win for prosecutors.

Judge Jackson blasts Stone for his out-of-court conduct ahead of his trial, specifically social media posts that criticized the court, the judge, and the government prosecutors.

“It’s important to note he didn’t just fire off a few intemperate emails … it wasn’t accidental,” Judge Jackson says. “He knew exactly what he was doing.”

“This is intolerable for the administration of justice,” Jackson says. “We had to waste considerable amount of time … to get the defendant to comply with court orders.”

“Therefore I’m going to add the two levels and we are now at a Level 27,” Jackson concludes.

Judge Jackson then lists a few mitigating factors before turning to the sentencing grid, which dictates which sentence is appropriate after all sentence enhancements and downward departures are considered.

Both parties will now have an opportunity to speak.

10:55 a.m. Judges sides with defense on proposed sentence enhancement for obstructive conduct

On a third proposed sentence enhancement, Judge Jackson sides with defense counsel — alleviating some pressure on Stone.

“I’m not going to add two more levels for that,” Jackson says, after hearing arguments about a proposed enhancement for additional obstructive conduct.

She is now addressing an additional sentence enhancement — specifically related to Stone’s controversial social media postings about Judge Jackson herself.

10:43 a.m. Judge appears to side with government on seriousness of Stone’s witness tampering

In a blow to Stone, Judge Jackson has twice sided with prosecutors, who have sought to invoke sentence level increases based on a statute accounting for physical threats.

After an exchange about the veracity of prosecutors’ claims that Stone did, in fact, threaten his longtime associate, Randy Credico (and Credico’s therapy dog, Bianca), Jackson sides with the government.

Justifying her decision to side with prosecutors, she recites several specific quotes — many of which include expletives — that reflect Stone’s threats against Credico and his dog.

ABC News Chief Justice Correspondent Pierre Thomas points out that Judge Jackson is taking her time, asking both sides to clarify positions taken in their sentencing memorandums.

She is meticulously taking note of arguments made by both parties and asking for explanations where she perceives ambiguity.

10:24 a.m. Stone’s defense lawyer pushes back on charge of witness tampering

Judge Jackson, reading from a piece of paper, ticks through the counts Stone was found guilty of at trial. She runs through an explanation of her sentencing process, interrupting herself briefly to ask a member of the audience to remove his or her sunglasses.

“For those who woke up last week and became persuaded that the guidelines are harsh,” Jackson says.

A lawyer for Stone, Seth Ginsburg, then rises to make the case that Stone’s conduct and words carried little weight, particularly those used in the charge of witness tampering.

“Even though the words on their face could be read as threatening,” Ginsburg says, “it’s our position is that the words themselves did not constitute a threat at all.”

“Stone is known for using rough, hyperbolic language. Mr. Credico knew that. He knew that it was Stone being Stone. All bark and no bite,” Ginsburg continues, referring to Randy Credico, a mercurial radio host, comedian and impressionist who was a key witness in the government’s case against Stone. Stone is accused of threatening him and his dog.

Reminded by Judge Jackson that she has the power to impose a sentence lower than called for in sentencing guidelines, Ginsburg shoots back: “Yes, and I hope you will!”

10:12 a.m. Judge Jackson addresses the Justice Department’s sentencing recommendations

Judge Jackson addresses the sentencing memorandum controversy in perfunctory terms — noting the existence of both the case prosecutors’ original recommendation and the subsequent Justice Department recommendation of a much shorter sentence. She stops short of editorializing.

“I also received the government’s supplemental memorandum,” Jackson says. “I note that the initial memorandum has not been withdrawn.”

Jackson goes on to explain additional materials filed as part of the case, including the slew of letters written on Stone’s behalf by friends and supporters urging the judge to grant him leniency.

10:05 a.m. Court proceedings have begun

Attorneys for each side have introduced themselves.

“We are here this morning for Roger Stone’s sentencing,” Judge Jackson says.

8:45 a.m. Stone arrives amid protests outside courthouse

Stone arrived with his wife, lawyers and entourage at the federal courthouse. Known for his sometimes flashy attire, he wore a fedora and sunglasses, smiled but said nothing.

Protesters held up a large banner that said “#PardonRogerStone.”

Overnight, despite Barr’s warning not to comment on the case, President Trump at about 2 a.m. tweeted a clip of Fox News host Tucker Carlson calling the Stone case a “shocking insult to the American tradition of equal justice.” Trump pinned the tweet on his feed. 

Copyright © 2020, ABC Audio. All rights reserved.