Gross politicization of American criminal justice
Feb. 12, 2020, 3:15 PM EST
By Mimi Rocah, former assistant U.S. attorney and Glenn Kirschner, former assistant U.S. attorney ...
... Stone’s conviction in November was secured by a team of career public servants who prosecuted the case ethically, professionally and successfully, securing convictions on all seven counts. As in nearly every federal case, once a defendant is found guilty, the U.S. Probation and Pretrial Services Office, an arm of the court, prepares a report calculating the applicable sentencing range. In Stone’s case, that sentencing range was determined to be seven to nine years in prison. Such guidelines are used in every federal case to come up with a fair and appropriate sentencing range.
Not surprisingly, the prosecutors agreed that seven to nine years was indeed appropriate for Stone, given federal guidelines. It is extremely rare for prosecutors to recommend a sentence below the guideline range especially when, as here, there are aggravating factors. Stone attempted to tamper with witnesses while he was being prosecuted and antagonized the judge by violating a gag order.
So, let’s be clear about what this controversy is not about: This isn’t about what Stone’s actual sentence should be or whether the Federal Sentencing Guidelines are inappropriate. Conservatives complaining that Stone's sentencing recommendation was so harsh it warranted DOJ interference are missing the point. If Trump and his allies want to have a discussion about sentencing reform — for all defendants, not just ones the president wants to protect — we can do that in a separate conversation.
This is about the attorney general and political appointees reversing decisions of career prosecutors without cause. Americans trust prosecutors to make decisions every day in our justice system that are based on facts and law, not politics or cronyism ...
https://www.nbcnews.com/think/opinion/roger-stone-case-reveals-barr-trump-s-gross-politicization-american-ncna1135936