Roger Stone Found Guilty of Lying to Congress, Witness Tampering

Trial focused on role of GOP operative as conduit between the Trump 2016 campaign and the organization WikiLeaks

Roger Stone, a flamboyant Republican operative and longtime adviser to President Trump, was found guilty Friday of lying to Congress and witness tampering, making him the latest member of the president’s circle to be convicted on federal charges.

Mr. Stone was found guilty of all seven counts against him, including five involving making false statements to Congress. Federal prosecutors made the case that Mr. Stone lied to Congress about his efforts to make contact with the organization WikiLeaks during the 2016 campaign. The jury of nine women and three men began deliberating Thursday morning at a Washington D.C. courthouse after a one-week trial.

The witness tampering charge carries a stiff penalty, with Mr. Stone facing as much as 20 years in prison, although first-time offenders often get far less than the maximum penalty. The other charges carry a maximum of five years.

WikiLeaks published several troves of Democratic Party emails stolen by Russian hackers as part of a Kremlin campaign to boost Mr. Trump at the expense of Democratic rival Hillary Clinton, U.S. intelligence agencies have concluded.

““Roger Stone had no intention of being truthful with the committee…he is just making stuff up,” prosecutor Jonathan Kravis had told jurors, saying Mr. Stone did so to help Mr. Trump.

Mr. Stone is the sixth associate of Mr. Trump to be convicted on charges stemming from former special counsel Robert Mueller’s investigation into Russian activity in the 2016 election.

Mr. Mueller’s report didn’t establish that the Trump campaign conspired or coordinated with Russia. The Stone trial was one of the final loose ends from the Mueller investigation, which wrapped up in March.

Mr. Stone’s defense attorneys portrayed him as a serial exaggerator who was merely pretending to have inside knowledge of WikiLeaks’ plans to inflate his standing in Mr. Trump’s inner circle. They offered no witnesses in Mr. Stone’s defense. They rested their case after playing a roughly hourlong clip of Mr. Stone’s testimony in front of Congress.

There was no purpose for Mr. Stone to have to lie about anything to protect the campaign, when the campaign was doing nothing wrong,” Bruce Rogow told jurors in summing up the case. He also noted that Mr. Stone spoke to Congress after Mr. Trump was elected, so couldn’t have hurt Mr. Trump’s campaign.

Mr. Stone has been a Republican operative for decades, beginning in 1972 when he served as a junior staffer on President Nixon’s reelection campaign. He went on to work for Ronald Reagan in his presidential bid. When in New York organizing for the campaign in 1979, he was introduced to Mr. Trump by attorney Roy Cohn.

Mr. Stone registered as a lobbyist on behalf of the Trump Organization in the late 1990s and early 2000s, according to public records. Around that time, he began counseling Mr. Trump on his political ambitions, and the two became friends.

Although Mr. Stone was sidelined from mainstream Republican politics following salacious revelations about his personal life in the mid-1990s, he continued to advise Mr. Trump for years, including helping to lead Mr. Trump’s aborted 2000 presidential campaign on the Reform Party ticket. He served on the Trump 2016 campaign when it started but severed ties in the summer of 2015.

Despite leaving his official role on the campaign, the two men remained in contact leading up to the 2016 election, according to testimony and phone logs introduced in court.

Witnesses testified that Mr. Stone relayed information about WikiLeaks’ plans directly to Mr. Trump and officials at the top of his campaign. Former campaign chairman Steve Bannon told jurors that the campaign considered Mr. Stone to be its “access point” to WikiLeaks, and former deputy campaign manager Rick Gates testified that Mr. Stone spoke about forthcoming WikiLeaks releases as early as April of 2016.

Mr. Stone has denied speaking to Mr. Trump about WikiLeaks, and Mr. Trump told the special counsel’s office he didn’t recall discussing WikiLeaks with Mr. Stone, according to written responses he provided to Mr. Mueller’s office last year.

While prosecutors argued Mr. Stone lied to the House Intelligence Committee and effectively obstructed their investigation by withholding the name of another witness—conservative activist Jerome Corsi—the trial didn’t resolve questions about whether Messrs. Stone and Corsi and Trump had inside information about WikiLeaks’ plans.

In July of 2016, Mr. Stone and Mr. Corsi exchanged emails as they scrambled to learn more about the material the organization planned to release.

“Get to Assange,” Mr. Stone wrote to Mr. Corsi on July 25, in a reference to WikiLeaks founder Julian Assange.

Days later, Mr. Corsi responded that WikiLeaks planned “2 more dumps,” including one in October. “Time to let more than Podesta be exposed as in bed w enemy,” Mr. Corsi wrote, referring to Clinton campaign chairman John Podesta.

Soon thereafter, Mr. Stone began boasting privately and publicly about his contact with Mr. Assange. Then, on Aug. 21, Mr. Stone tweeted: “Trust me, it will soon the Podesta’s time in the barrel” (sic). Weeks later, WikiLeaks began releasing emails stolen from Mr. Podesta, roiling the presidential race.

Mr. Corsi said he merely “figured out” that WikiLeaks had Mr. Podesta’s emails by using publicly available information, and both Mr. Corsi and Mr. Stone have denied being in touch with Mr. Assange directly or indirectly. Mr. Stone has also maintained that his tweet was related to the lobbying activities of Mr. Podesta and his brother Tony.

Mr. Assange has denied being in communication with Mr. Stone.

Mr. Corsi publicly rejected a plea deal from Mueller’s team last year. He said that while he was “constantly amending testimony,” he never intentionally lied to prosecutors. He also acknowledged deleting emails in which he and Mr. Stone discussed reaching out to WikiLeaks, though he denied wrongdoing and was never prosecuted.

To shield Mr. Corsi from scrutiny in the congressional probe, Mr. Stone falsely told lawmakers that he only had one “backchannel” to WikiLeaks, naming radio personality Randy Credico, prosecutors said. They argued that Mr. Stone corruptly persuaded Mr. Credico to lie to the House committee and even avoid testifying.

The other Trump associates who have been convicted in connection with the Mueller investigation are: Paul Manafort, former Trump campaign chairman, convicted by a jury of financial crimes; Mr. Gates, former deputy chairman of the campaign, who pleaded guilty to conspiracy and false statements; former national security adviser Mike Flynn, who pleaded guilty to false statements; former Trump personal lawyer Michael Cohen, who pleaded guilty to false statements, tax charges and campaign finance allegations; and George Papadopoulos, a low-level campaign aide who pleaded guilty to lying.

The Year Justice Caught Up With Trumpworld

In 2018, impunity came to an end.

Ever since the 2016 election, it’s been common for some people to refer to whatever year we’re in as a synonym for dystopian weirdness. (Last year, for example, CNN’s Jake Tapper tweeted “Peak 2017” about a headline saying, “US ambassador denies own comments, then denies denial.”) The world has felt continuously off-kilter, like a TV drama whose writers developed a sudden fondness for psilocybin. Last month astronomers at Harvard wrote that a strange oblong space object “may be a fully operational probe sent intentionally to Earth vicinity by an alien civilization,” and it barely made a ripple in the news. There was simply too much else going on.

Amid this ceaseless barrage, things many of us have taken for granted have been called into question, including the endurance of liberal democracy, the political salience of truth and the assumption that it would be a big scandal if a president were caught directing illegal payoffs to a pornographic film actress. Often it feels like in American politics, none of the old rules still apply.

.. But in 2018, they did. (At least some of them.) Alien probes aside, this was a year in which things started to make sense again. The Democratic landslide in the midterms proved that the laws of political gravity haven’t been suspended; Trump’s incompetence, venality and boorishness had electoral consequences. Further, it was a year of justice and accountability for at least some of those who foisted this administration on the country. An awful menagerie of lowlifes was swept into power by Trump’s victory two years ago. In 2018, at least some of them started to fall back out again.

.. At the beginning of 2018,

  • Michael Cohen was still Trump’s loyal personal lawyer.
  • Paul Manafort, Trump’s former campaign chairman, was sleeping in his own bed at night.
  • Rick Gates, Manafort’s deputy, had not yet made a plea deal with Robert Mueller, the special counsel.
  • Mueller’s investigation hadn’t yet sent anyone to prison.
  • The Dutch lawyer Alex van der Zwaan, who pleaded guilty to lying to the F.B.I. about work he’d done with Gates for the former Ukrainian president, became the first, in May.
  • He was followed by Richard Pinedo, seller of fake IDs and fraudulent bank accounts,
  • and former Trump campaign adviser George Papadopoulos.

When this year began,

  • Scott Pruitt was still indulging in spectacular corruption as head of the Environmental Protection Agency.
  • Omarosa Manigault Newman had just been fired from her senior administration job and had not yet revealed her stash of secret recordings.
  • Rob Porter, who has been accused of abuse by two ex-wives, was still White House staff secretary.
  • David Sorensen, accused of abuse by one ex-wife, was still a White House speechwriter.

At the start of 2018, the

  • casino mogul Steve Wynn was the Republican National Committee’s national finance chairman. He resigned after The Wall Street Journal reported that he’d been accused of committing multiple acts of sexual harassment and assault. (Wynn denied assaulting anyone.)
  • Elliott Broidy, owner of a private security company, was an R.N.C. deputy national finance chairman. He resigned after The Journal reported that he’d paid hush money to a former Playboy model who said she’d had an abortion after he got her pregnant.
  • (Cohen was also a deputy chairman; he resigned in June.)

As this year began,

  • Steve Bannon, Trump’s former campaign head and chief White House strategist, whose sympathy for white nationalists did so much damage in so little time, was still running Breitbart News. He’d not yet burned his bridges to Trumpworld with his comments in Michael Wolff’s book “Fire and Fury,” which was published in January. Since then, Bannon has lost considerable pull. He most recently made headlines after he was scheduled to speak at a conference on sex robots; a backlash to his invitation led to the conference being postponed.

In January,

  • McClatchy reported that the F.B.I. was investigating whether Russia funneled money through the National Rifle Association to aid the Trump campaign. Throughout the year, as evidence of sketchy connections between the N.R.A. and Russia kept emerging, many on the right poo-pooed it. (“This attempt to turn the N.R.A. into another cog in the Russian conspiracy is laughable, but the mainstream media apparently still find it deeply compelling,” wrote Breitbart editor Joel Pollak in March.)
  • On Thursday, Maria Butina, a Russian who’d nurtured ties to N.R.A. leadership and to Trumpworld, pleaded guilty to conspiring to act as a foreign agent. The plea described how, after arranging a junket to Moscow for a “Gun Rights Organization,” she wrote a message to her handler that was translated as, “We should allow them to express their gratitude now, we will put pressure on them quietly later.”

Robert Mueller Is No Match for Fox News

The evidence from the special counsel’s investigation is already damning, but it must contend with a haze of lies, confusion and “alternative facts.”

.. Likewise, George Papadopoulos, the former Trump campaign adviser who pleaded guilty to lying to federal investigators and initially cooperated with the special counsel, has shifted in recent months to an aggressively conspiratorial posture. In tweets and appearances on Fox News and other pro-Trump media, he has accused American, British and Australian intelligence agencies of fabricating the Russia scandal.

The allure of a Mueller report lies in its imagined promise of a single, definitive truth capable of cutting through the haze of lies, confusion and “alternative facts.” But Mr. Corsi’s and Mr. Papadopoulos’s antics are a warning that this hope will inevitably fall short. Conspiracy theorists and prosecutors live in different worlds: The first, unmoored from truth; the second, devoted to proving facts beyond a reasonable doubt. Mr. Mueller has the power to charge Mr. Corsi for lying; he has already done so to Mr. Papadopoulos. Rather than crumbling, though, their falsehoods have continued to spread and grow — and they’ve taken root in the media ecosystem in which the president chooses to spend his days.

 

Mueller Says Papadopoulos Hurt Investigation

The special counsel recommends incarceration for the former Trump campaign adviser

Ex-Trump campaign adviser George Papadopoulos wasn’t helpful to the special counsel’s investigation, hurt investigators’ efforts to detain a Russian intermediary and should face at least one month in prison, special counsel Robert Mueller said in a filing late Friday.

.. Mr. Mueller’s prosecutors said Mr. Papadopoulos’s lies hurt investigators’ ability to “effectively question” the professor, Joseph Mifsud, who has been previously described as an honorary director of the London Academy of Diplomacy.

Mr. Papadopoulos admitted he lied about the timing of his meeting with Mr. Mifsud and played down his own assessment of Mr. Mifsud’s connections to high-ranking Russian officials, according to documents filed in connection with Mr. Papadopoulos’s plea agreement.

.. The filing said the FBI located the professor in Washington soon after Mr. Papadopoulos’s January 2017 interview with FBI agents, but didn’t detain or challenge the professor before he left the country on February 11, 2017, because Mr. Papadopoulos had lied to the FBI about him.

“The defendant lied…early in the investigation, when key investigative decisions, including who to interview and when, were being made,” prosecutors said in the filing.

An FBI agent told him at the voluntary interview: “The only thing, we don’t want dis-information” because that would “make…our job a lot harder,” Mr. Mueller’s office said.

.. “The defendant did not provide ‘substantial assistance,’ and much of the information provided by the defendant came only after the government confronted him with his own emails, text messages, internet search history, and other information,” Mr. Mueller’s team said.

.. “the record shows” that he was “attempting to secure a job with the Trump Administration” at the time of the interview and “had an incentive to protect the Administration and minimize his own role as a witness.”

.. They cite communications Mr. Papadopoulos had in which he sought to obtain a position with the National Security Council, the State Department or the Energy Department.

Of Course There Is Such a Thing as a ‘Perjury Trap’

They point out that the president says many things that are not just inaccurate but knowingly false. In maintaining that there are no perjury traps, what they are really arguing is that Trump does not need to be “trapped” into perjury; that his lawyers’ claims about Mueller’s treacherousness are a smokescreen to hide their real worry: viz., that Trump will lie in the interview because that is what Trump does.

If that is what they think, then that is what they should say. It’s a perfectly coherent position, especially if one is predisposed to believe that Trump is incorrigible, and that he conspired with Russia to steal the election, then obstructed the FBI in order to cover it up.

But see, for charging purposes, the witness who answers the questions does not get to decide whether they have been answered truthfully. That is up to the prosecutor who asks the questions. The honest person can make his best effort to provide truthful, accurate, and complete responses; but the interrogator’s evaluation, right or wrong, determines whether those responses warrant prosecution.

.. There were some discrepancies between Flynn’s account of the discussions and the FBI’s understanding of them (we’ll come back to why). Did that necessarily mean Flynn lied? Of course not. To take the most obvious possibility, Flynn could have had an innocent failure of recollection. It happens to all of us; it would happen to you if you tried to describe this this column to someone without having a copy of it in hand.

The investigators and prosecutors had to weigh whether Flynn’s discrepancies were honest mistakes or conscious misstatements. It appears that the first set of investigators gave him the benefit of the doubt, but Mueller’s team drew the opposite conclusion. Yes, Flynn ultimately pled guilty, but when highly experienced investigators assess the same basic facts differently, the matter cannot be black-and-white.

..  The conversations happened months before the FBI asked him about them, so could he simply have remembered them wrong? Sure . . . but the investigators decided otherwise because Papadopoulos had a strong motive to fudge the timing: The conversations would seem innocuous if they’d happened before he joined the Trump campaign, but possibly sinister if after he joined, as was in fact the case. The fact that this was a sensible conclusion hardly makes it an ineluctable one.

.. In his fourth day on the job as national-security adviser, Flynn had every reason to believe Strzok was there to talk business, not because Flynn was a suspect. Flynn did not have a lawyer present. We do not know whether Strzok advised him of his Miranda rights (which is often done even when, as in Flynn’s situation, it is not legally required because the suspect is not in custody). Here’s what we do know: The Justice Department and FBI were so hot to make a criminal case on Flynn that they used the Logan Act — an unconstitutional blight on the penal code that has never been used to convict anyone in over 200 years — as a pretext to investigate him.

.. And what did they ask him about? Conversations of which they had recordings. Why on earth would it be necessary to interrogate someone — let alone a top government national-security official — regarding the details of conversations about which the FBI already knew the details? Why conduct an investigative interview, carrying potential criminal peril, under circumstances in which the FBI already knew

.. We don’t know for certain that the Flynn interview was a perjury trap. But it sure looks like one. And regardless of whether Flynn pled guilty because he is guilty (or because enormous pressure, such as the possibility of charging his son, was put on him), we also know that the question of whether to prosecute him was a judgment call — one on which Mueller aggressively said yes, when others had said no.

.. What we refer to as a “perjury” trap covers both perjury and false statements. The difference between the two is more form than substance. To oversimplify a bit, perjury is a lie under oath; a false statement or material omission is a lie told to government investigators when no oath has been administered; the potential sentence for both is zero to five years’ imprisonment.

.. Successful perjury traps do not get prosecuted all that often. But that does not mean perjury traps are uncommon. They tend to be used more for leverage than to prosecute as a stand-alone charge. A prosecutor who knows a reluctant witness will lie elicits the lie and then exploits the resulting specter of prosecution — along with other leverage points — to pressure the witness into spilling the beans. Or, in a jury trial, the prosecutor who suspects a defense witness will lie, sets the trap, elicits the lie, and then blows it up — not to lay the groundwork for a future perjury charge but to destroy the witness’s credibility, which helps win the trial.

At least six people close to Trump almost certainly knew about offers from Russians of dirt on Clinton

at least six members of Trump’s broader team knew about offers of dirt from Russians during that campaign — and, depending on how that information was shared, as many as 10 may have, including Trump.

.. Torshin-Trump Jr. In May, a former member of the Russian parliament named Aleksandr Torshin made repeated efforts to contact Donald Trump Jr., the candidate’s son. He sent multiple emails hoping to set up a meeting with Trump Jr. when both were at a National Rifle Association convention in Kentucky. The two met briefly at a dinner associated with that event. It is not clear whether Torshin had any information to offer Trump Jr.

.. Agalarov-Veselnitskaya-Trump Jr.-Manafort-Kushner.

.. It is apparent that Agalarov and Trump Jr. almost certainly spoke on the phone multiple times before that meeting and that Trump Jr. informed both Trump’s son-in-law, Jared Kushner, and campaign chairman Paul Manafort of what was being offered.

.. The question is whether any of those three also informed Trump. There is good reason to think he knew. The night that the meeting time was set up, following calls between Trump Jr., Manafort and Kushner — and the day after Trump Jr. had a call with a blocked number before agreeing to the meeting — Trump told reporters, “I am going to give a major speech on probably Monday of next week, and we’re going to be discussing all of the things that have taken place with the Clintons.”

When that dirt did not materialize, the speech about Clinton the following Monday did not either.

.. Dvorkovich-Page.

.. This is noteworthy not only because of the connection between Page and a senior government official but because of what other reports suggest about Page’s time in Russia. Specifically, the controversial dossier of reports compiled by former British intelligence officer Christopher Steele includes a report from mid-July alleging that Page met with a Russian official who “rais[ed] a dossier of ‘kompromat’ ” — compromising material — “the Kremlin possessed on TRUMP’s Democratic presidential rival, Hillary CLINTON, and its possible release to the Republican’s campaign team.”

.. WikiLeaks-Trump Jr. The following month, Trump Jr. and WikiLeaks exchanged private messages on Twitter. None of those messages suggest Trump Jr. and the organization coordinated the released of information damaging to Clinton. But the exchange occurred shortly before WikiLeaks began releasing the emails stolen from Podesta in early October.

.. So we are confident the following people were offered or told about information allegedly incriminating Clinton:

  • George Papadopoulos
  • Roger Stone
  • Michael Caputo
  • Donald Trump Jr.
  • Jared Kushner
  • Paul Manafort

It is possible that the following other people knew about or received similar offers, too:

  • Stephen Miller
  • Carter Page
  • J.D. Gordon (if Page was offered dirt)
  • Donald Trump

Trump’s argument has long been that there was no collusion between his campaign and the Russian government. That claim increasingly depends on how one defines “collusion.”