Following an Instagram post by Roger Stone where he placed a picture of the judge in his trial, Judge Amy Berman Jackson, next to what appear to be crosshairs, Jackson ordered him back in court today.
After hearing testimony from Stone, the judge has announced she is prohibiting him from making any public statements about his case, the investigation, or any participants in the investigation. "Period."
If Stone violates this gag order, the judge says, according to Zoe Tillman, she will revoke his bond and detain him pending trial. Stone is getting a second chance, Jackson says, but this is not baseball — there will be no third chance.
Here is some fascinating what was real-time reporting by Tillman:
Roger Stone has entered the courthouse for his 2:30pm hearing. He's wearing a gray double-breasted suit, a blue and white striped shirt, a light blue tie, and a blue-hued patterned pocket square— Zoe Tillman (@ZoeTillman) February 21, 2019
Judge Amy Berman Jackson has entered the courtroom and we're off — she scheduled this hearing to address Roger Stone's now-deleted Instagram post about her, and whether she needs to revise her limited gag order and/or Stone's release conditions (I'm watching from the media room)— Zoe Tillman (@ZoeTillman) February 21, 2019
Jackson begins by entering the insta post on the record. She asks his lawyer Bruce Rogow if her media contact order should be modified. Rogow says no - they believe Stone should have another opportunity to comply. He offers to put Stone on the stand.— Zoe Tillman (@ZoeTillman) February 21, 2019
Rogow argues that the speech issue implicated by Stone's Insta post is separate from the Bail Reform Act, which concerns his pretrial release conditions. Rogow says Stone's conditions could be modified if there was a "real threat" to a person in the community.— Zoe Tillman (@ZoeTillman) February 21, 2019
Stone's lawyer says the judge's questions would be better addressed by Stone, so Stone is now getting up on the stand and sworn in. This means he'll be able to be cross-examined by the government— Zoe Tillman (@ZoeTillman) February 21, 2019
Stone says he abused the judge's order, and that he's sorry: "I am kicking myself over my own stupidity."— Zoe Tillman (@ZoeTillman) February 21, 2019
Stone says the post was the "outgrowth of the extreme stress of the situation." He says he didn't choose the image, but takes responsibility for posting it.— Zoe Tillman (@ZoeTillman) February 21, 2019
Stone: "This was an egregious, stupid error for which I apologize to the court."
Stone says he was grateful for the initial leeway the judge gave him in her original media contact order. Jackson asks if he's being paid for his commentary about his case. Stone says he is not. He says he's having trouble making money right now.— Zoe Tillman (@ZoeTillman) February 21, 2019
Stone says he relies on volunteers for certain things, he's not technologically proficient. Jackson asks if he knows how to search google for images and if his volunteers know how to do that. Stone says yes. Jackson asks, How hard is it find a photo that didn't have crosshairs?— Zoe Tillman (@ZoeTillman) February 21, 2019
Stone says he understood it to the logo of an organization, and an occult/celtic symbol. Jackson presses him to say what exactly he believed was wrong about what he did. Stone says he shouldn't have posted anything at all.— Zoe Tillman (@ZoeTillman) February 21, 2019
Jackson asks how Stone being sorry squares with him continuing to speak publicly about the Instagram post issue after it was taken down. Stone says he was referring to what he saw a distortion of what he posted. He said he didn't have "malicious intent"— Zoe Tillman (@ZoeTillman) February 21, 2019
Stone is now being cross-examined by prosecutor Jonathan Kravis from the US attorney's office in DC. Kravis asks who posted the Insta post. Stone says he did, he just didn't select the image. Stone says he doesn't remember who provided him with the photo— Zoe Tillman (@ZoeTillman) February 21, 2019
Jackson is incredulous that Stone can't remember who he got the photo from. Stone says he may have gotten it via text or email, or it was saved on his phone by someone else. Jackson asks how many volunteers he has. Stone says 5 or 6— Zoe Tillman (@ZoeTillman) February 21, 2019
Kravis asks if Stone may still have image on his phone. Stone says he deleted all of the images of Jackson — plural — from his phone so he didn't make the same mistake again. Jackson chimes in: "You had a choice?" Stone says yes, he chose the photo. "It was an error."— Zoe Tillman (@ZoeTillman) February 21, 2019
Kravis and Jackson ask Stone about an Infowars interview he did the same day where he used the phrase "Obama-appointed judge," and statements standing by the text of what he wrote in the Instagram post.— Zoe Tillman (@ZoeTillman) February 21, 2019
Stone struggles to recall the names of his "five or six" volunteers — people who he said would have had access to his phone. "It's a revolving situation." Kravis asks if Stone was with anyone when he posted the Insta post. Stone says he doesn't recall, he'd have to think about it— Zoe Tillman (@ZoeTillman) February 21, 2019
Kravis presses him about not being able to remember who he was with just a few days ago. Stone lists a few names of people he says he's worked with, but can't say for sure who he was with or who had access to his phone on the day in question— Zoe Tillman (@ZoeTillman) February 21, 2019
On redirect, Stone's lawyer asks Stone when he realized this was a "terrible mistake." Stone says it was after a reporter contacted him to ask why he'd posted a photo of the judge with crosshairs — Stone says he didn't see it that way— Zoe Tillman (@ZoeTillman) February 21, 2019
Stone's lawyer says Stone's action was "indefensible." Jackson: "I agree with you there."— Zoe Tillman (@ZoeTillman) February 21, 2019
Jackson asks the prosecutor what they want. Kravis says they want a "further restriction" on the "extrajudicial statements of the parties" — aka, they want a stronger gag order on what Stone can say out of court. Stone's lawyer says there should be no change.— Zoe Tillman (@ZoeTillman) February 21, 2019
Prosecutor says that Stone's testimony at today's hearing is "not credible" — he argues that any contrition by Stone now is belied by his actions, that he continued to give interviews and use similar language to the Insta post, and draw attention to those statements— Zoe Tillman (@ZoeTillman) February 21, 2019
Jackson says how is she supposed to believe that media attention will subside when Stone gets his name in the paper every day — she notes he kept talking about the issue after he apologized. What would stop him, she asks. Rogow asks for time to suggest a narrower order.— Zoe Tillman (@ZoeTillman) February 21, 2019
Jackson is now taking a ~15-minute break to process things, and then she'll come back and announce a decision.— Zoe Tillman (@ZoeTillman) February 21, 2019
One thing to note: There was no discussion of revoking Stone's pretrial release altogether. The government is only asking for a gag order for Stone going forward.— Zoe Tillman (@ZoeTillman) February 21, 2019
Another thing of note while we wait: Stone told the pretrial services office that he earns $47,000 per month— Zoe Tillman (@ZoeTillman) February 21, 2019
The hearing is back on, Jackson is on the bench— Zoe Tillman (@ZoeTillman) February 21, 2019
Jackson says Stone is someone who by his own account has made communication his life's work, and he understands the power of words and symbols. "There is nothing ambiguous about crosshairs."— Zoe Tillman (@ZoeTillman) February 21, 2019
Jackson: "Thank you, but the apology rings quite hollow."— Zoe Tillman (@ZoeTillman) February 21, 2019
Jackson: "The privilege, the liberty he was afforded was promptly abused. You were right about that Mr. Stone. If the conduct of the past weekend is what Mr. Stone would call judicious, it would be foolhardy for the court to take no action and learn what injudicious looks like"— Zoe Tillman (@ZoeTillman) February 21, 2019
NOW: The judge is prohibiting Roger Stone from making any public statements about his case, the investigation, or any participants in the investigation. "Period." He will be allowed to solicit funds for his legal defense, and say he's innocent of the charges, but that's it.— Zoe Tillman (@ZoeTillman) February 21, 2019
If Stone violates this gag order, the judge says she will revoke his bond and detain him pending trial. Stone is getting a second chance, Jackson says, but this is not baseball — there will be no third chance— Zoe Tillman (@ZoeTillman) February 21, 2019
-RWStone will remain free pending trial, but the judge issued a clear warning that if he violates this new gag order, he will go to jail. He can still solicit money for his legal defense fund, and declare his innocence, but that's it, the judge said https://t.co/CyVq9CalzF— Zoe Tillman (@ZoeTillman) February 21, 2019
You too may be tried in the court of public opinion, but you will not be allowed to defend yourself. Got it?
ReplyDeleteIt's not supposed to work both ways.
If we don't like you, you going' down.
Capiche?
Huh, did the judge tell the prosecution to keep their mouths shut as well?
ReplyDeleteWomen should not be judges. Period.
ReplyDeletePeople have a moral and legal right to defend themselves to their fullest ability. Clearly, part of that is being able to speak, to communicate, to tell anyone and everyone your side of the story (at your own peril too, I might add---especially in this modern world, where everything can be preserved and used against you). So it blows my mind that Judges can impose Gag Orders that obviously violate that foundational principle of liberty and justice. It strongly suggests that the prosecution isn't all that confident in their case, and secure in their ability to counteract such messaging.
ReplyDeleteYes, I get that bond conditions---like probation conditions---are considered a separate animal, but...