Roger Stone, Free Speech and the Presumption of Innocence

Presumption of Innocence - "One of the most sacred principles
in the American criminal justice system, holding that
a defendant is innocent until proven guilty. In other words,
the prosecution must prove, beyond a reasonable doubt, each
essential element of the crime charged."
Cornell Law School Legal Information Institute

Roger Stone is facing a seven-count federal criminal indictment in a trial slated to begin on Nov 5, (Mal Contends, Mal Contends).

Stone's liberty for the rest of his life is at stake as he defends himself against charges he claims are politically motivated and dishonestly pursued by the United States Department of Justice.

It may be Stone's sentiment is colored in part by the pre-dawn raid of his home by dozens of heavily armed federal agents in January. I think I would feel the same, were I in Stone's place.

Stone was indicted on Jan 24, 2019 by Special Counsel Robert S. Mueller III, who, in retrospect, is looking more like a malignant clown, as against past fawning portrayals.

Yet, the trial and proceedings are held in virtual secrecy, a black hole from which Stone may not emit information critical of the DoJ, United States District Judge Amy Berman Jackson, or the judicial processes that ban Stone from writing or publicly communicating virtually anything in his defense.

On Feb 15, 2019, Jackson imposed a gag order on Stone, later expanded to prevent Stone from even publishing an update to his book, The Myth of Russian Collusion: The Inside Story of How Donald Trump REALLY Won.

The federal charges for which Stone is on trial pertain to alleged witness tampering, obstruction and lying to Congress.

The Nov 5 trial is the Guy Fawkes holiday.

But Roger Stone better not publicly wish anyone a Happy Guy Fawkes Day, lest the DoJ works to toss Stone in a federal holding facility for what they would claim is a terrorist threat.

Mueller and Dems Fall Flat

 Robert S. Mueller III was evasive and impenetrable
yesterday in his two appearances before Congress.

An unconvincing star and a congressional cast held in contempt by most of the public combined for instantly forgettable political theater yesterday.

"[T]he movie Americans tuned into on Wednesday was not the blockbuster Democrats had sought," summed up the New York Times in its fair-minded coverage.

It didn't have to be.

Two congressional chairs could have made it plain to former Special Counsel Robert S. Mueller III in opening statements what they were looking for:

Look, we're not looking for a reading list. You just took an oath to speak the truth. That's what we want. Tell us what you think. Explain your reasoning. Tell the American people the truth. The stakes are high.

Plain-speaking candor was absent yesterday.

There was no Sam J. Ervin Jr. winning the country's hearts in the Senate Select Committee on Presidential Campaign Activities.

''Because I can understand the English language. It's my mother tongue,'' said Ervin famously in an exchange with the odious John D. Erlichman who claimed national security explained the break-in of Daniel Ellsberg's psychiatrist.

Make no mistake, for the purpose of the committees eliciting truth, Mueller was a hostile witness.

Few appeared intent on holding Mueller to account.

The American people have cause to doubt the integrity of Mueller's team, and the commitment to truth in the evasive man on national television yesterday.

Roger Stone's Right to a Fair Trial Is Ignored

There is nothing funny or cute about a man spending his
life behind bars without having been convicted of a crime.
Unclear why Ari Melber believes Roger Stone's rights
are to be scoffed at. The Beat with Ari Melber.

Roger Stone has now been deprived of his freedom of speech, of the press (the man has the temerity to pen an update to his book), right to peaceably assemble, and to petition the government for a redress of his grievances pertaining to United States of America v. Roger Jason Stone, Jr. and pundits are laughing about it.

All of these deprivations are imposed without Stone having been convicted of a crime. The liberty violations come courtesy of a judicial gag order.

A judicial gag order is not unusual, but striking is the unanimity of silence in the liberal political culture as exemplified on MSNBC last night.

The responsible judicial official is United States District Judge Amy Berman Jackson about whom criticism is taboo.

Amy Berman Jackson is irretrievably wedded to the liberal political culture in which civil liberties count for little in federal criminal litigation.

After being goaded by Special Counsel Robert Mueller, Jackson won the praise of political liberals for her order of March 5, 2019 in which Jackson pretended Stone had previously voluntarily submitted to anti-speech directives and Stone voluntarily admitted that he "abused the latitude" of the existing order of the judge itching to throw the man in prison for the years that the trial will take to litigate.

If Stone and his lawyers did not continuously humble themselves in the federal courtroom, Stone faced the possibility of immediate imprisonment at several points over the last several weeks. Any commentator or jurist who asserts that Stone is not acting under extreme duress in his judicial communications is lying.

Now, in her new order Jackson demands all manner of private communications be given to her for Stone's sin of penning an update to a book.

Underlying the ridiculous gag order is the assurance by Robert Mueller and Jackson that Stone belongs in prison prior to any conviction because Stone's speech is so powerful and inflammatory that mere utterances at public assembly, on the Internet or in a published book preclude the possibility of a fair trial. You see, the little-ole United States Department of Justice has no resources or power against the behemoth Roger Stone and his laptop, we are to believe.

Actually, I don't think Roger Stone is all that effective of a writer.

But Stone is an American citizen and a human being, a status that should confer to him the rights to which he is being deprived by United States District Judge Amy Berman Jackson and Special Counsel Robert Mueller.

I don't know if Roger Stone is a religious man.

Facing another March 11 deadline by the despot of the District of Columbia, perhaps Stone could formulate a public prayer directed to citizens of a kindred spiritual outlook.

After all, Stone's right to the free exercise of religion is the only First Amendment right Jackson and Mueller have left the man.

Roger Stone could pray to let justice roll on like a river, and righteousness like a never-failing stream in the face of malice from those who would send a man behind bars for life.

Vivid and inflammatory, such words uttered in a public prayer would earn Stone imprisonment in federal holding facilities and federal prison for the rest of his life.

I don't think MSNBC Chief Legal Correspondent Ari Melber, for example, thinks this is fair. But watching his commentary last night, Melber does seem to regard it as funny.

Violations of another's human rights are never humorous and always tragic.

Progressives Should Support Roger Stone's First Amendment Rights

Federal Judge Wants Book Ban

Publication of Roger Stone's new book,
The Myth of Russian Collusion The Inside
Story of How Donald Trump REALLY
Won, may cause the author to spend years
behind bars while litigating his case against
the United States Department of Justice.

Roger Jason Stone, Jr., was indicted on Jan 24, 2019 on seven criminal counts by Special Counsel Robert S. Mueller III.

Stone is an American citizen and a human being.

Yet, in the courtroom of United States District Judge Amy Berman Jackson, the rights and humanity of Stone count for little. This places Jackson well within the mainstream of adjudication of federal criminal litigation.

Stone is a genuine fascist, an ass and a provocative voice for the White Party, the Republican Party.

So what?

In America, we do not lose our right to express our views, publish books, and voice our political preferences because our views and preferences are regarded as suspect by some.

Don't think Jackson boned up too much on the First Amendment.

On Feb 15, 2019, Jackson imposed a gag order on both Stone's attorneys and Mueller's DoJ attorneys, singling out Stone as well from appearing near the federal D.C. courthouse.

Reports CNN:

Lawyers 'for the parties and the witnesses must refrain from making statements to the media or in public settings that pose a substantial likelihood of material prejudice to this case,' Judge Amy Berman Jackson wrote.

They, their clients and even Stone are also not allowed to speak in and around the courthouse.

In her order, Jackson notes how effective Stone has been in gaining followers, critics and media attention. She notes 'the size and vociferousness of the crowds that have already been attracted to these proceedings, and the risk that public pronouncements by the participants may inflame those gatherings.'

So, we have the United States government pursuing its case against Stone, and Jackson rules effectively that Stone is too powerful a voice who would pollute a jury pool in the D.C. jurisdiction, and voice "public pronouncements" that would risk inflaming public gatherings.

Not too many in the political culture ask questions, and even fewer challenge Berman.

On Feb 21, 2019, Jackson further tightened First Amendment restrictions against Stone, who was forced to apologize or face the remainder of his litigation behind bars.

That's one hell of an incursion on the rights of a man deemed innocent under the law.

Now, this weekend Judge Jackson demanded to know why she was not alerted about the March 1, 2019 publication of an updated version of Stone's book, The Myth of Russian Collusion: The Inside Story of How Donald Trump REALLY Won.

Roger Stone has until Monday, March 4, to explain publication of his work to an increasingly despotic judge (Bloomberg).

Those who would effectively ban books are book banners. The costs of publishing a book, in Stone's case, is imprisonment at the hands of an unaccountable federal judge.

Stone has pleaded the 'deep state' is out to get him, strip him of his liberties and imprison him during what he brands a show trial administered by a judge whom he deems hostile.

Actually, I think Roger Stone is right, and United States District Judge Amy Berman Jackson seems more tyrant than judge.

Progressives should be on Stone's side.

Chicken Trump

Trump is afraid to answer questions under oath and faithfully execute the office of President of the United States

President* Trump is the opposite of a stand-up guy.

Trump is both evasive and stupid, and runs from any situation in which candor is necessary.

Now, Trump is facing the possibility of testifying under oath in the Russia-Trump-collusion probe and already Trump's lawyers are floating the legal team's opposition, (NYT, MSNBC).

This opposition to merely speaking the truth stems from two concerns: Trump is a pathological liar, not-too-bright and the related concern that lies in a federal investigation are felonies.

So, Trump will back down faster than his 'bone spurs' got him out of military service in the Vietnam War.

President chicken-hawk is chicken-hearted.

Can you imagine Trump in a legal forum in which telling the truth in itself determines guilt and innocence?

From the Lawrence O'Donnell show last night:

Robert Mueller Will Echo John Doar, Citizens Today Must Match 1970s Citizens

Robert Swan Muller III

The late John Doar, (1921-2014) is from New Richmond in northwestern Wisconsin.

Doar served as special counsel, (1973-74), to the House Committee on the Judiciary investigating the Watergate scandals leading to three Articles of Impeachment.

There was significant Republican hesitancy to impeach Richard Nixon but all three impeachment articles drew Republican support, leading ultimately with other acts of corruption to Nixon's resignation.

The service to our country hastening the demise of Nixon is a testimony to the meticulous and fair-minded Doar supported by committed staff, a principled judiciary, investigative journalism and mass citizen action.

Today, the House Judiciary Committee is populated by hacks, dolts, evangelicals, racists and unreconstructed segregationists who make a serious impeachment inquiry of the deranged President* Trump unthinkable.

We can expect nothing from Judiciary Committee or any other Republican-led House committee; and the appointment of anyone approaching John Doar is unthinkable.

Robert S. Mueller III, United States Department of Justice

Fortunately, the current preeminent investigation of Trump headed by Robert S. Mueller III, United States Department of Justice, appointed May 17, 2017 is proceeding apace in a manner that would do John Doar proud.

The immense public trust that Mueller has assumed in heading the Trump-Russia investigation is focused on "Russian government efforts to influence the 2016 presidential election and related matters."

Mueller is acting in a manner beyond reproach, and thus we can expect today's toxic brand of Republicans to engage in character assassination of Mueller and every human resource involved in the probe, starting with the FBI.

It's begun this weekend, following report after report of covert Russian interference in the presidential election of a target country, the United States.

The coming Republican assault against the rule of law will make Trump's late October fuming over indictments appear a boo at a football game by comparison.

As citizens we are placed in a position in which we will called upon to act in defense of our country supporting the Mueller investigation against a rightwing political death squad, the scope of which our nation has never seen with a president who is emotionally disabled, displaying clinical symptoms with potentially devastating consequences.

Gaming out scenarios it's likely we will have a new president, perhaps a new vice-president in 2019. Consider what would Donald Trump do in retaliation before then?

Trump is not moored by normal concerns of public servants.

Now, it's the time to back the rule of law and act against corruption. It's distinctively possible that within 18 months we will be facing a president effectively holding America and the world hostage.

We need an aroused citizenry supporting Robert Mueller.

Without engaged Americans, driving Nixon from office would never have happened, and Donald Trump is much more dangerous than Richard Nixon.

Mueller Team Investigating Trump-Campaign-Russia Has Fixable Problem

Updated - A Reuters report by Karen Freifeld this morning notes the prosecutorial experience of two members of Special Counsel Robert S. Mueller's team: Andrew Weissmann and Kathryn Ruemmler, (New York Times).

Weissman and Ruemmler have garnered plaudits, yet, Weissman and Ruemmler share a troubled history as prosecutors. One wonders why this history does not inform national reporting as indictment Summer begins.

Freifeld's Reuters report notes of Andrew Weissman that he "headed the U.S. Justice Department's criminal fraud section before joining Mueller's team last month, is best known for two assignments - the investigation of now-defunct energy company Enron and organized crime cases in Brooklyn, New York - that depended heavily on gaining witness cooperation."

Omitted is Weissman's conduct on the Enron Task Force that to any fair observer is appalling. Ever hear of the proven innocent James Arthur Brown of Merrill Lynch? Likely not. Bill Fuhs?

Bill Fuhs was pursued by Weissman and colleagues under the ludicorus "honest services" provision of a federal wire fraud statute, (Powell, Enron Barge). Brown was later proven innocent, and on two counts was effectively relieved of the charge stacking-induced perjury and obstruction of justice criminal counts in 2015. [If you live in Wisconsin, mention of honest services may bring to mind the corrupt prosecution of the proven innocent Georgia Thompson in 2007, (U.S. v. Georgia L. Thompson, argued and decided on April 5, 2007))]

Bill Fuhs should never have been indicted, and the prosecutions are a stain on the United States Department of Justice and the American federal judiciary.

Consider as well Kathryn Ruemmler of the Mueller team.

As noted by one of the nation's foremost federal appellate attorneys, Sidney Powell, Ruemmler ignored the mandates of the Brady Rule to disclose exculpatory evidence in the same criminal persecution that her colleague, Andrew Weissmann pursued, in the Enron mania:

They, [Weissmann and Kathryn Ruemmler], not only hid the exculpatory evidence they had yellow-highlighted, [revealing intent of prosecutors to ignore clear evidence], but in defiance of a court order, they gave the defendants misleading summaries instead.

Even the United States Court of Appeals for the Fifth Circuit, whose record on the Enron Task Force’s trials was embarrassing at best with several Supreme Court reversals, held that Ruemmler and her team 'plainly suppressed' evidence favorable to the defense. That finding establishes a clear violation of ethical rule 3.8–not to mention the Supreme Court’s admonition that the United States Attorney 'seek justice.' This is NOT what we would call 'impeccable legal credentials' or 'impeccable judgment'–unless that kind of calculated dishonesty and win-at-any-cost mentality is exactly what you want. Indeed, why is she still practicing law?, (Seeking Justice).

Staffing up one of the most monumental investigative units in American history is not off to an even start.

Donald Trump is a clear and present danger to this republic.

So, why is Robert S. Mueller even considering Andrew Weissmann and Kathryn Ruemmler when their records reveal they pursued innocents, acted without regard to ethics, effectively betraying our country no less?

Trump's PR messages now is that Robert Mueller's investigative dream team is engaging in a withhunt.

With Weissmann and Ruemmleron on the team, the accusation has at least prior plausibility.

My god, Robert Mueller, please don't screw this up. Staff should be beyond reproach.

Consider that prosecutors who pursue innocents without regard to ethics and human decency do not pay a price in their careers at the United States Department of Justice, American law, or society broadly.

Prosecutors should pay a price.

The valuation of this price ought not lead to blotching the pursuit of justice of the most dangerous man on the planet, President Donald Trump, who after-all retains the rights of the innocent as he is being investigated by the United States Department of Justice under the color of law.
-- Both Bill Fuhs and James Brown were among those prosecuted by the Enron Task Force.