Breaking his silence, the former special counsel rebutted President Trump’s attacks on the Russia investigation and said Mr. Stone had been prosecuted “because he committed federal crimes.”
The former special counsel Robert S. Mueller III broke his long silence on Saturday to defend his prosecution of Roger J. Stone Jr., forcefully rebutting President Trump’s claims that the investigation into Russian interference in the 2016 election was political and illegitimate.
Speaking out the day after Mr. Trump commuted Mr. Stone’s prison sentence for obstructing an inquiry into Russia’s role in the campaign, Mr. Mueller said Mr. Stone was no innocent victim and emphasized that the president’s clemency grant did not erase the conviction on seven felony counts.
“Stone was prosecuted and convicted because he committed federal crimes,” Mr. Mueller wrote in an op-ed in The Washington Post. “He remains a convicted felon, and rightly so.”
Mr. Mueller seemed most aggrieved over the president’s assertions of bad faith on the part of those who prosecuted Mr. Stone and others affiliated with Mr. Trump.
“We made every decision in Stone’s case, as in all our cases, based solely on the facts and the law and in accordance with the rule of law,” Mr. Mueller wrote. “The women and men who conducted these investigations and prosecutions acted with the highest integrity. Claims to the contrary are false.”
The special counsel’s article was remarkable in that it was the first time he had offered an extended defense of his two-year investigation after an endless barrage of attacks by Mr. Trump, who refers to it as a “hoax” and a “witch hunt.” Even when he appeared before Congress to testify about his conclusions last July, Mr. Mueller was largely restrained and avoided any appearance of confrontation with the president.
Mr. Mueller’s investigation concluded that Russia had mounted an extensive effort to interfere in the 2016 election with the purpose of helping Mr. Trump. While it did not establish a criminal conspiracy between Mr. Trump’s campaign and Russia, it did outline numerous contacts between them and said the campaign had known it was benefiting from Moscow’s help. It also identified 10 instances when Mr. Trump took actions to impede the investigation but did not charge him with obstruction of justice, given a Justice Department edict against indicting a sitting president.
In the year since the Mueller report was released, Mr. Trump has alternately characterized it both as a “total exoneration” and a “total ‘hit job,’” while his attorney general, William P. Barr, has embarked on a multifaceted effort to question the legitimacy of the special counsel’s inquiry and various prosecutions that resulted. In its statement announcing clemency for Mr. Stone, the White House called him “a victim of the Russia Hoax.”
“As it became clear that these witch hunts would never bear fruit, the Special Counsel’s Office resorted to process-based charges leveled at high-profile people in an attempt to manufacture the false impression of criminality lurking below the surface,” the statement said. It added: “This is why the out-of-control Mueller prosecutors, desperate for splashy headlines to compensate for a failed investigation, set their sights on Mr. Stone.”
In his op-ed, Mr. Mueller rejected that characterization, noting that his investigation had documented a serious threat to American democracy both through illegal hacking of Democratic Party emails and through an online campaign of fake messages meant to damage Hillary Clinton.
“We also identified numerous links between the Russian government and Trump campaign personnel — Stone among them,” Mr. Mueller wrote. “We did not establish that members of the Trump campaign conspired with the Russian government in its activities. The investigation did, however, establish that the Russian government perceived it would benefit from a Trump presidency and worked to secure that outcome. It also established that the campaign expected it would benefit electorally from information stolen and released through Russian efforts.”
He added that Mr. Stone had lied about his communications with WikiLeaks, which published the hacked emails, and about his communications with the Trump campaign about the group’s plans. “When a subject lies to investigators,” Mr. Mueller said, “it strikes at the core of the government’s efforts to find the truth and hold wrongdoers accountable.”
President Trump’s commutation of the prison sentence of his longtime confidante Roger Stone is wholly unsurprising. Indeed, given Trump’s repeated teasing of the matter over the life of the case against Stone, it would have been something of a surprise had he not intervened so that his felonious friend was spared time behind bars.
But the predictable nature of Trump’s action should not obscure its rank corruption. In fact, the predictability makes the commutation all the more corrupt, the capstone of an all-but-open attempt on the president’s part to obstruct justice in a self-protective fashion over a protracted period of time. That may sound like hyperbole, but it’s actually not. Trump publicly encouraged Stone not to cooperate with Robert Mueller’s investigation, he publicly dangled clemency as a reward for silence, and he has now delivered. The act is predictable precisely because the corrupt action is so naked.
In a normal world, this pattern of conduct would constitute an almost prototypical impeachable offense. But this is not a normal world. Congress is unlikely to bestir itself to do anything about what Trump has done—just as it has previously done nothing about the obstruction allegations detailed in the Mueller report. Indeed, in the midst of a presidential campaign, a second impeachment would surely be ill advised. The only remedy for this behavior, at least while Trump remains in office, has to lie in accountability in the context of Trump’s campaign for reelection.
That is why it is so important to understand the history that led to the Stone commutation, just how corrupt it is, and why the predictability of the president’s action actually inflames public outrage—not inures the public to what Trump has done here.
Roger Stone isn’t just Trump’s confidante or friend. According to newly unsealed material in the Mueller report, he’s also a person who had the power to reveal to investigators that Trump likely lied to Mueller—and to whom Trump publicly dangled rewards if Stone refused to provide Mueller with that information. Now, it seems, the president is making good on that promise.
When the report first became public in April 2019, it described how Stone reached out to WikiLeaks during the 2016 campaign and represented himself to the Trump campaign as having inside information on upcoming releases of information damaging to Hillary Clinton. But a significant portion of the material on Stone was redacted because of ongoing criminal proceedings against him. Recently, however, following the guilty verdict against Stone, a court unsealed that hidden material thanks to litigation by BuzzFeed News and the Electronic Privacy Information Center (EPIC). The newly unredacted information—some but not all of which was revealed over the course of Stone’s trial, but some of which was not previously public—is highly revealing of Stone’s relationship with the president.
During the 2016 campaign, Mueller writes, Stone “made several attempts to contact WikiLeaks founder Assange, boasted of his access to Assange, and was in regular contact with Campaign officials about the releases that Assange made and was believed to be planning.” He spoke repeatedly about his connections to Assange, witnesses told Mueller, and his ability to find out what new releases of information WikiLeaks was planning. Crucially, the unredacted information includes testimony from multiple witnesses who described Stone’s conversations about upcoming WikiLeaks releases with high-level campaign officials—including Trump’s campaign chairman, Paul Manafort—and even Trump himself.
According to Manafort, Trump personally told the chairman that he should keep in touch with Stone about WikiLeaks. Another campaign official, Rick Gates, recalled an incident during the campaign in which Trump spoke by phone with Stone and then told Gates that, as Mueller paraphrases, “more releases of damaging information would be coming.” Trump’s former lawyer Michael Cohen told Mueller about overhearing a phone call in which Stone told Trump that “he had just gotten off the phone with Julian Assange and in a couple of days WikiLeaks would release information.” Then, Mueller writes, once WikiLeaks began dumping material damaging to Clinton in July 2016, Trump “said to Cohen something to the effect of, ‘I guess Roger was right.’”
So Trump clearly knew about and encouraged Stone’s outreach to WikiLeaks, the unredacted report shows. Yet in written answers the president provided to Mueller’s office in the course of the special counsel’s investigation, Trump insisted that he did not recall “the specifics of any call [he] had” with Stone during the campaign or any discussions with Stone of WikiLeaks. And shortly after he submitted those answers, the unredacted report states, Trump began tweeting publicly in support of Stone—calling him “brave” and congratulating his “guts” for refusing to testify.
Trump’s tweets were always suspicious, to say the least. And his answers to Mueller seemed less than entirely credible even when the redacted report was first released. But the newly revealed text makes clear Mueller’s suspicions that Trump lied in his written answers—and then pushed Stone not to testify in order to prevent Mueller from discovering that lie. As Mueller put it dryly: “[T]he President’s conduct could also be viewed as reflecting his awareness that Stone could provide evidence that would run counter to the President’s denials and would link the President to Stone’s efforts to reach out to WikiLeaks.” The special counsel also writes that Trump’s tweets to Stone—along with his tweets criticizing Cohen, who was by then cooperating with investigators—“support the inference that the President intended to communicate a message that witnesses could be rewarded for refusing to provide testimony adverse to the President and disparaged if they chose to cooperate.”
Stone did, indeed, refuse to provide testimony adverse to Trump. And while his precise relationship to WikiLeaks and Assange was never fully explained, he stood trial for lies to Congress denying his efforts to contact WikiLeaks, and for intimidating another witness who could have contradicted those lies. As the judge in Stone’s case put it: “He was prosecuted for covering up for the President.”
Now, with Trump’s commutation, Stone has received the precise reward Trump dangled at the time his possible testimony was at issue.
“Roger Stone is a victim of the Russia Hoax that the Left and its allies in the media perpetuated for years in an attempt to undermine the Trump Presidency,” the White House said Friday evening. In the White House’s telling, Stone was targeted by out-of-control Mueller prosecutors for mere “process” crimes when their “collusion delusion” fell apart. He was subject to needless humiliation in his arrest, and he did not get a fair trial. “[P]articularly in light of the egregious facts and circumstances surrounding his unfair prosecution, arrest, and trial, the President has determined to commute his sentence. Roger Stone has already suffered greatly. He was treated very unfairly, as were many others in this case. Roger Stone is now a free man!”
Indeed he is. But the story may not be over.
“Time to put Roger Stone in the grand jury to find out what he knows about Trump but would not tell. Commutation can’t stop that,” tweeted Andrew Weissman, one of Mueller’s top prosecutors, following the president’s action.
That’s most unlikely while the Justice Department remains in the hands of Attorney General William Barr. But it’s far from unthinkable should Trump leave office in January. What’s more, the commutation means that the story Mueller tells about potential obstruction vis-a-vis Stone did not end with the activity described by the Mueller report. It is a continuing pattern of conduct up until the present day. That potentially makes it easier for a future Justice Department to revive at least one of the obstruction questions that Barr squelched when he closed the cases Mueller intentionally did not resolve. In addition to all the facts reported by Mueller, including facts that have been redacted until recently, Trump has now consummated the deal he dangled before Stone.
That’s something the Justice Department may want to examine anew—someday.