New trial denied.
On Sunday, a federal judge denied former Trump adviser Roger Stone’s request for her recusal from a potential new trial, stating that there was no factual or legal basis to Stone’s claims. Stone’s request was nothing more than an attempt to “to disseminate a statement for public consumption that has the words ‘judge’ and ‘biased’ in it,” the judge wrote [Source: NBC].
Judge Amy Berman Jackson, of U.S. District Court in Washington, D.C., sentenced Stone to three years and four months in prison last week for obstructing a congressional investigation into Russia’s meddling in the 2016 presidential election. Stone’s lawyers filed papers on Friday claiming that Jackson could not impartially evaluate his request for a new trial alleging juror misconduct.
The documents allege that a juror misled the court about her ability to remain unbiased and fair in the case. The juror is not named in the documents, but Stone’s supporters — including President Donald Trump — have said the jury forewoman showed “significant bias.” The forewoman, Tomeka Hart, ran for Congress in Tennessee as a Democrat in 2012, a fact she disclosed during jury selection. She told Jackson that she could fairly evaluate the evidence, and Stone’s lawyers did not seek to have her removed from the jury.
When the four career prosecutors removed themselves from Stone’s case, Hart said on social media: “It pains me to see the DOJ now interfere with the hard work of the prosecutors.” In Stone’s motion to have Jackson removed from the case, his lawyers pointed to comments she made during Stone’s sentencing, when she said jurors had “served with integrity under difficult circumstances.” “The Court’s ardent conclusion of ‘integrity’ indicates an inability to reserve judgment on an issue which has yet been heard,” the documents claim.
But Jackson rejected the claims, saying they were speculative and at odds with the U.S. Supreme Court and an appeals case cited in Stone’s motion. Jackson added that she was “scrupulous” in ensuring Stone’s right to a fair trial — “even after he took to social media to intimidate the Court, after he violated conditions imposed by the Court, after he was convicted at trial, and after he was sentenced to a term of incarceration.”
Roger Stone has taken much of the news spotlight in the past few weeks. Despite his attempts at gaining public sympathy through the use of social media, and attempts to show prejudice by the jury forewoman, Judge Amy Berman Jackson denied a new trial going forward. It is uncertain if President Donald Trump will try to intervene again on Roger Stone’s behalf as the trial moves forward.
Motion for recusal.
Under Title 28, “Judiciary and Judicial Procedure” of the United States Code, the term “recusal” is used with respect to court proceedings. Recusal is the formal withdrawal of a judge, prosecutor, or juror from a case on the grounds that they are unqualified to perform legal duties because of a possible conflict of interest or lack of impartiality. Judge Jackson did not feel that there was a possible conflict or lack of impartiality and that Roger Stone was spreading slanted rhetoric to gain public sympathy.