Roger Stone's Lawyers Say Lock Steve Martin Up!
Back in February, when Roger Stone posted a photo to Instagram of Judge Amy Berman Jackson with a crosshairs next to her head, his lawyers appeared chastened. How could their client, a hapless naif, know that such a thing would offend the court? Yes, her Honor had previously ordered Stone to quit making comments that would "pose a substantial likelihood of material prejudice to this case." But that's, like, so confusing!
If Your Honor is asking me to craft an order, then that is what the order should say: This Court should not be criticized by Mr. Stone. The government should not be impugned by Mr. Stone. The integrity of this case should not be impugned by Mr. Stone. We will defend this case at the trial. That's the time to defend this case. And that is the kind of nature of an order that I would suggest the Court should craft that would address the specific needs that we're talking about.
And so she did, ordering Stone to quit making "statements to the media or in public settings about the Special Counsel's investigation or this case or any of the participants in the investigation or the case." Stone was able to keep it in his pants for an entire four months before winding up back in front of Judge Jackson accused of violating the gag order with his dumbass Instagram posts.
At first glance, this might appear to the untrained eye to be public commentary on his case and criticism of the government and its case in violation of the order. But Stone's lawyers have a defense to that one.
Mr. Lifson comments on a filing by Stone's defense team. Stone offers no comment, only that the New York Times and Washington Post did not cover the filing. Stone's rhetorical "Funny" is a criticism of the media, and does not violate the Order.
He's not commenting, see, he's just using his platform to promote someone else's comment. Totally different!
This one is easily explained, too, because what does "alleged Russian Hacking" have to do with the charges against Stone for witness tampering and lying to Congress ... about the Russia investigation?
The government, which believes that it is not even relevant whether CrowdStrike missed the mark as to how DNC information was obtained, is afraid of what: that the press might actually be interested in whether the DNC was hacked or was perpetrated by someone with access to the DNC server? Is it that fear which motivated the government to ask this Court to find that Stone's June 18-19 posts constituted a violation of this Court's Order and "may prejudice this case?"
(Stone's lawyers also repeated his allegation that the FBI never conclusively proved the DNC was hacked by Russians in their response, prompting a pissed off WELL ACTUALLY Reply Motion.)
Besides which, isn't the real villain here the lamestream media which is always talking smack about Roger Stone? Why hasn't her Honor gagged the New York Times, that's what Roger Stone wants to know! If you think about it (but not too hard), it's obvious that Stone is the real victim here.
The government's focus on three Stone posts exhibits a willful blindness to the tens of thousands of hostile-to-Stone articles which have been authored by others about the "investigation" and Stone's "case;" articles, animated cartoons, comments, editorials, television and radio programs, panels, celebrity "dark comedy" readings of the Special Counsel Report, and even a comedic portrayal of Roger Stone by Steve Martin on Saturday Night Live which satirically portrayed Stone as a caricature of himself.1 The "prejudice" to be concerned about is prejudice against Stone; his lonely voice presents no threat to a fair trial under this Court's supervision. Of more concern should be the Washington Post's unrelenting coverage of Roger Stone.
That's right, lock up Steve Martin! Because stifling Roger Stone's right to post wingnut links on his Instagram is "oxymoronic, outré, and out of First Amendment bounds." Thus sayeth his very creative counsel.
We'll have to wait to see if Judge Jackson gives him one more one last chance. In the meantime, enjoy this video of Steve Martin trampling Roger Stone's First Amendment rights and violating his gag order.
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Liz Dye lives in Baltimore with her wonderful husband and a houseful of teenagers. When she isn't being mad about a thing on the internet, she's hiding in plain sight in the carpool line. She's the one wearing yoga pants glaring at her phone.