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All 4 federal prosecutors quit Roger Stone case hours after DOJ overrules sentencing request

All 4 federal prosecutors quit Roger Stone case hours after DOJ overrules sentencing request
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All 4 federal prosecutors quit Roger Stone case hours after DOJ overrules sentencing request
Four federal prosecutors have withdrawn from the case against Roger Stone, a longtime confidant of President Donald Trump, after a decision by top Justice Department officials to disavow and undercut their own federal prosecutors by reducing the government's recommended sentence against him.The stunning and politically charged decision to reduce prosecutors' recommended sentence of up to nine years came hours after Trump publicly criticized it, immediately raising questions about the Justice Department's independence from political pressure.President Donald Trump on Tuesday abruptly withdrew the nomination for Jessie Liu, the former US attorney who headed the office that oversaw Roger Stone's prosecution, to serve in a top Treasury Department position, three sources told CNN.Prosecutors from the U.S. Attorney's office in Washington, who are employees of the Justice Department, had said Monday that Stone should be sentenced to seven to nine years in prison after he was convicted on seven charges last year that derived from former special counsel Robert Mueller's investigation, including lying to Congress and witness tampering.That recommendation led Trump overnight Tuesday to bemoan what he called a "horrible and very unfair situation.""The real crimes were on the other side, as nothing happens to them. Cannot allow this miscarriage of justice!" Trump tweeted. He later told reporters in the Oval Office that he didn't ask the Justice Department to change the sentencing recommendation.Hours later, a senior Justice Department official said that that sentencing recommendation, transmitted to a judge and signed off on by the office's top prosecutor, had not been communicated to leadership at the Justice Department."The Department was shocked to see the sentencing recommendation," the official told CNN. "The Department believes the recommendation is extreme and excessive and is grossly disproportionate to Stone's offenses."The decision to make the change was directed by the leadership of the Justice Department, the official said. The department made the decision before the president's tweet and without consultation with the White House, according to Kerri Kupec, a Justice Department spokeswoman. The White House referred a request for comment to the Justice Department, and the U.S. attorney's office in Washington declined to comment.Grant Smith, an attorney for Stone, said they look forward to reviewing the government's latest filing shortly."We have read with interest the new reporting on Roger Stone's case. Our sentencing memo outlined our position on the recommendation made yesterday by the government. We look forward to reviewing the government's supplemental filing," Smith said in a statement. Stone's attorneys had argued a sentence of 15 to 21 months would be appropriate.Prosecutors quitSoon after the revised recommendation was made, all four prosecutors who worked on the case — Aaron S.J. Zelinsky, Jonathan Kravis, Adam Jed and Michael Marando— filed a motion to withdraw from the case. Zelinsky and Kravis both resigned from the D.C. U.S. attorney's office.Zelinsky, who is based at the Baltimore U.S. attorney's office, was the Mueller prosecutor most closely associated with Stone's case while it was being investigated, and also played a significant role in questioning witnesses at Stone's trial. He stayed with the Stone case following the closure of Mueller's office and "resigned effective immediately after this filing" from his role in the D.C. U.S. attorney's office, he wrote to the judge on Tuesday.He had signed Stone's sentencing memo on Monday, along with three other trial prosecutors. A spokeswoman for the Baltimore U.S. attorney's office said Tuesday afternoon that Zelinksy had not resigned from his position there.Aside from Stone's case, Kravis worked on the prosecutions of the Internet Research Agency, an alleged Russian troll farm that spread social media propaganda to help Trump in 2016, on the sentencing of Rick Gates and on cases related to requests to unseal of details from the Mueller investigation that the Justice Department has kept secret. One corporate defendant in the Russian troll farm case, which was brought by Mueller, is set to go to trial in April.Kravis has not yet told the judges in those cases that he has left his job.The U.S. attorney's office in Washington declined to comment on the resignations. John Crabb, another prosecutor in the D.C. U.S. attorney's Office, has announced he'll work on the Stone case.Shock over department's moveIt's not immediately clear whether the Justice Department's revised recommendation will affect the decision of the presiding judge in the case, Amy Berman Jackson, who will have broad authority to sentence Stone as she sees fit on February 20.But the move to overrule federal prosecutors after they've already made a public commitment is rare, and quickly reverberated throughout the ranks of career Justice Department employees, with prosecutors from another high-profile U.S. attorney's office expressing shock to CNN.Tensions have simmered at the department in recent months over Attorney General William Barr's penchant to be closely involved in matters big and small in the department, Justice officials say. The attorney general has a reputation as a micro-manager and that has manifested itself in odd ways.Barr in recent weeks appointed Timothy Shea, a close aide, to be acting U.S. attorney in Washington in a clumsy transition with the former U.S. Attorney Jesse Liu, who was moving to a post at the Treasury Department.Liu had been waiting to move to the new job, but Barr's move to appoint Shea while Liu was still awaiting her hearing created an awkward transition.Shea had qualms about the sentencing recommendation on Stone made by line prosecutors, but went along with it, perhaps as a way to win over his troops in the office, one official saidBarr's decision to disavow and sharply criticize a decision made by Shea severely undermines him in his new job, officials say.Federal prosecutors and a person convicted of crimes both have the opportunity to submit a memorandum to the court ahead of their sentencing hearing, asking for certain amounts of prison time or less severe punishments. At the sentencing hearing, they'll speak again to the judge about their wishes before the judge makes a final decision.In Stone's case, prosecutors reasoned on Monday that he deserved seven to nine years in prison especially because of his threats of violence as he attempted to intimidate an associate from testifying to Congress and because he broke a gag order several times while awaiting trial, including when he posted a photo of Jackson on Instagram with crosshairs behind her head. Stone disagreed that these actions were as serious as the prosecutors said.

Four federal prosecutors have withdrawn from the case against Roger Stone, a longtime confidant of President Donald Trump, after a decision by top Justice Department officials to disavow and undercut their own federal prosecutors by reducing the government's recommended sentence against him.

The stunning and politically charged decision to reduce prosecutors' recommended sentence of up to nine years came hours after Trump publicly criticized it, immediately raising questions about the Justice Department's independence from political pressure.

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President Donald Trump on Tuesday abruptly withdrew the nomination for Jessie Liu, the former US attorney who headed the office that oversaw Roger Stone's prosecution, to serve in a top Treasury Department position, three sources told CNN.

Prosecutors from the U.S. Attorney's office in Washington, who are employees of the Justice Department, had said Monday that Stone should be sentenced to seven to nine years in prison after he was convicted on seven charges last year that derived from , including lying to Congress and witness tampering.

That recommendation led Trump overnight Tuesday to bemoan what he called a "horrible and very unfair situation."

"The real crimes were on the other side, as nothing happens to them. Cannot allow this miscarriage of justice!" Trump tweeted. He later told reporters in the Oval Office that he didn't ask the Justice Department to change the sentencing recommendation.

Hours later, a senior Justice Department official said that that sentencing recommendation, transmitted to a judge and signed off on by the office's top prosecutor, had not been communicated to leadership at the Justice Department.

"The Department was shocked to see the sentencing recommendation," the official told CNN. "The Department believes the recommendation is extreme and excessive and is grossly disproportionate to Stone's offenses."

The decision to make the change was directed by the leadership of the Justice Department, the official said. The department made the decision before the president's tweet and without consultation with the White House, according to Kerri Kupec, a Justice Department spokeswoman. The White House referred a request for comment to the Justice Department, and the U.S. attorney's office in Washington declined to comment.

Grant Smith, an attorney for Stone, said they look forward to reviewing the government's latest filing shortly.

"We have read with interest the new reporting on Roger Stone's case. Our sentencing memo outlined our position on the recommendation made yesterday by the government. We look forward to reviewing the government's supplemental filing," Smith said in a statement. Stone's attorneys had argued a sentence of 15 to 21 months would be appropriate.

Prosecutors quit

Soon after the revised recommendation was made, all four prosecutors who worked on the case — Aaron S.J. Zelinsky, Jonathan Kravis, Adam Jed and Michael Marando— filed a motion to withdraw from the case. Zelinsky and Kravis both resigned from the D.C. U.S. attorney's office.

Zelinsky, who is based at the Baltimore U.S. attorney's office, was the Mueller prosecutor most closely associated with Stone's case while it was being investigated, and also played a significant role in questioning witnesses at Stone's trial. He stayed with the Stone case following the closure of Mueller's office and "resigned effective immediately after this filing" from his role in the D.C. U.S. attorney's office, he wrote to the judge on Tuesday.

He had signed Stone's sentencing memo on Monday, along with three other trial prosecutors. A spokeswoman for the Baltimore U.S. attorney's office said Tuesday afternoon that Zelinksy had not resigned from his position there.

Aside from Stone's case, Kravis worked on the prosecutions of the Internet Research Agency, an alleged Russian troll farm that spread social media propaganda to help Trump in 2016, on the sentencing of Rick Gates and on cases related to requests to unseal of details from the Mueller investigation that the Justice Department has kept secret. One corporate defendant in the Russian troll farm case, which was brought by Mueller, is set to go to trial in April.

Kravis has not yet told the judges in those cases that he has left his job.

The U.S. attorney's office in Washington declined to comment on the resignations. John Crabb, another prosecutor in the D.C. U.S. attorney's Office, has announced he'll work on the Stone case.

Shock over department's move

It's not immediately clear whether the Justice Department's revised recommendation will affect the decision of the presiding judge in the case, Amy Berman Jackson, who will have broad authority to sentence Stone as she sees fit on February 20.

But the move to overrule federal prosecutors after they've already made a public commitment is rare, and quickly reverberated throughout the ranks of career Justice Department employees, with prosecutors from another high-profile U.S. attorney's office expressing shock to CNN.

Tensions have simmered at the department in recent months over Attorney General William Barr's penchant to be closely involved in matters big and small in the department, Justice officials say. The attorney general has a reputation as a micro-manager and that has manifested itself in odd ways.

Barr in recent weeks appointed Timothy Shea, a close aide, to be acting U.S. attorney in Washington in a clumsy transition with the former U.S. Attorney Jesse Liu, who was moving to a post at the Treasury Department.

Liu had been waiting to move to the new job, but Barr's move to appoint Shea while Liu was still awaiting her hearing created an awkward transition.

Shea had qualms about the sentencing recommendation on Stone made by line prosecutors, but went along with it, perhaps as a way to win over his troops in the office, one official said

Barr's decision to disavow and sharply criticize a decision made by Shea severely undermines him in his new job, officials say.

Federal prosecutors and a person convicted of crimes both have the opportunity to submit a memorandum to the court ahead of their sentencing hearing, asking for certain amounts of prison time or less severe punishments. At the sentencing hearing, they'll speak again to the judge about their wishes before the judge makes a final decision.

In Stone's case, prosecutors reasoned on Monday that he deserved seven to nine years in prison especially because of his threats of violence as he attempted to intimidate an associate from testifying to Congress and because he broke a gag order several times while awaiting trial, including when he posted a photo of Jackson on Instagram with crosshairs behind her head. Stone disagreed that these actions were as serious as the prosecutors said.