The Curious Case Of The Roger Stone Sentencing Hearing

         Now let us talk about the curious case of Roger Stone. In six days he gets sentenced in US District Court in Washington,D.C. for nine criminal charges. The judge to decide his fate is US District Judge Amy Berman Jackson. She is a Harvard law school graduate from Baltimore. She is a special enemy of Donald Trump. He found out that, as an undergraduate, she worked one summer as a bunny at the London Playboy Club. He claimed that this was prima facie evidence that she was involved in prostitution. (I have gone to several Playboy clubs and been at the legendary Playboy mansion in Los Angeles. No blatant prostitution goes on at these venues.)

         Most fascinating to me is that Amy and Elena are almost twins when it comes to ideology and outlook on life. I told Elena that if she and Amy met, they would get along famously. If Amy was sick one day, Elena could take her place as judge of the court. She would give the same rulings and sentences as Amy does.

         Amy is competent and respected. She gives most defendants bail. She gives very reasonable sentences; often below the low end of the sentencing guidelines. All over the world, any time that a defendant is found guilty of a crime and to be sentenced, the prosecutor makes a sentencing recommendation to a judge. It is the same here, in Brasil, Argentina, South Africa, Singapore, Canada, etc. Sometimes judges follow these recommendations. Most of the time they give a sentence that is lower. Every now and then in an extraordinary case, they give a sentence that is higher.

        Amy got a well-drafted 25-page sentencing memorandum from the Assistant US Attorneys in the Roger Stone Case. They recommended that she adhere to the US sentencing guidelines and give Stone and sentence between 7-9 years. Anyone familiar with Amy would figure out quickly that such a harsh sentence was not going to happen. (Every judge in the world has a sentencing pattern that one can use to predict future sentences.) The most probable sentence for Stone would have been 24-30 months. He would go to a low-security jail. He would serve 18 months before release to a halfway house.

        Donald Trump panicked when he heard this sentencing recommendation. He ordered Attorney General Barr to write a new sentencing memorandum. It was 4 pages long and poorly-drafted. It recommended a sentence below the sentencing guidelines. This has set off a firestorm of protest. Presidents are not supposed to intervene in an ongoing criminal case. After a defendant is sentenced, a president can commute a sentence or give a convicted defendant a pardon.

        If I were Amy, I would be quite angry now. I would sentence Stone to a harsh sentence above the guidelines (say 15-20 years). This would force Trump to issue a sentence commutation or pardon. It would dig Trump deeper into a hole.