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DOJ Lowers Sentencing Recommendation for Roger Stone

Update: Three of the prosecutors on Roger Stone's case have just filed notices to withdraw their appearances for the Government. (Aaron Zelinsky, Jonathan Kravis and Adam Jed ). John Crabb, Jr. has entered his appearance for the Government and filed a supplemental sentencing memo asking for a lighter sentence for Stone even in view of the "arguably" correct guideline range of 87 - 108 months. Crabb is the Acting Chief of the Criminal Division and is licensed in New York. In the new brief, Crabb writes:

As noted above, a sentence of 87 to 108 months more typically has been imposed for defendants who have higher criminal history categories or who obstructed justice as part of a violent criminal organization.
Tell that to Rod Blagojevich who got 14 years. Tell that to non-violent drug traffickers who by law must get a ten year mandatory minimum sentence if their offense and uncharged relevant conduct exceeded 5 kilos of cocaine or 1,000 pounds of marijuana. Which is a more serious offense? I'd say lying to interfere with an investigation into foreign interference in a presidential election.

[Original Post below:]

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Roger Stone Convicted of All Counts

Roger Stone has been convicted of all counts against him.

Prosecutors asked that he be detained pending sentencing, but the Judge continued his bond. Sentencing is set for February.

Mr. Stone, 67, was charged with lying to the House Intelligence Committee, trying to block the testimony of another potential witness and concealing reams of evidence from investigators. Prosecutors claimed he tried to thwart the committee’s work because the truth would have “looked terrible” for both the president and his campaign. He was found guilty of all seven counts he was charged with.

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Jeffrey Epstein Death: Outrage at BOP and Pretrial Detention System

I am simply outraged that Jeffrey Epstein died at a federal detention center in New York.

I will have a lot more to say, but for now, I will just say:

1. Jeffrey Epstein should never have been detained without bond. He was not a flight risk. He had not posed a danger to the community in years. The wealthy do not deserve to be treated more harshly than the poor. The accusers' position on bond should have been taken with a great grain of salt. An indictment is merely an accusation, it is not evidence.

2. Jeffrey Epstein should have been on a 24 hour watch. I would like to see the unit and activity logs for the staff. I have not yet read enough to know if I believe he committed suicide or someone killed him. Either was entirely avoidable.

3. It will disgusting to watch his accusers and their lawyers fight over his carcass to obtain whatever funds he had left that they believe they are due even though almost all of them already collected as a result of the Florida state case. Epstein not only paid them damages, he paid their lawyers' fees.

4. Shame on the Bureau of Prisons. R.I.P. Jeffrey Epstein.

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El Paso Shootings: Is Trump Welcome?

The current official total of people killed in the El Paso shootings is 22. The names and nationalities of the deceased are here.

Donald Trump is going to visit El Paso on Wednesday. Not everyone is pleased:

“I call our governor, I call on our senators to send a message to our president and ask him not to set foot in El Paso,” David Stout, a Democratic commissioner in the border city, told VICE News. “It would just put salt on this wound.” He represents Precinct 2, where Trump spoke in February — and where the massacre took place.

The last time Trump was in El Paso was for a campaign rally and VICE News says he stuck the city for a $470k bill.

Donald Trump first blamed video games and "mentally ill monsters" for the El Paso and Dayton shootings. Via The Intercept, here's a breakdown of similarities between the El Paso shooter's manifesto and Trumpspeak and Fox News comments.

Trump is the most divisive and undeserving person ever to occupy a seat in the White House. Enough is enough. Trump needs to go.

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Miguel Caro-Quintero Released From Prison

With a little help from the First Step Act, Mexican drug trafficker Miguel Caro-Quintero, brother of Rafael Caro-Quintero, has finished his 17 year prison sentence and been released, presumably to ICE which will return him to Mexico.

Caro-Quintero did not cooperate. He was scheduled to be released in October, 2019, but under the new First Step Act, which changes the way BOP calculates an inmate's 54 days a year good time, he was entitled to another 7 days per year. (Until now, due to the way it was calculated, 54 days actually translated to 47 days). So his release date moved up from October to July 19.

Contrary to some news reports, Caro Quintero was not released from SuperMax in Florence. He has been serving his sentence since at least 2016 at Victorville, California, a medium security prison. [More...]

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Trump and Epstein Partying Together

NBC has found footage from 1992 showing Epstein and Trump together at a Trump hosted party in Palm Beach.

Esptein is doing nothing inappropriate in the footage and none of the women appear to be minors.

This is the screenshot that leapt out at me as I watched.

Donald Trump, Grabber-in-Chief.

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El Chapo Gets Life, Rebukes U.S. for Torture

Joaquin "El Chapo" Guzman-Loera was sentenced today to life in prison plus 30 years. When given his chance for allocution, he rebuked the U.S.

“Since the government will send me to a jail where my name will not ever be heard again, I take this opportunity to say: There was no justice here,” El Chapo told Cogan, according to the New York Daily News.

“I drink unsanitary water, no air or sunlight, and the air pumped in makes my ears and throat hurt. In order to sleep, I put toilet paper in my ears. My wife had not been allowed to visit, and I can’t hug my daughters,” he said, according to NBC News. “This has been psychological, emotional and mental torture 24 hours a day.”

“My case was stained and you denied me a fair trial when the world was watching. What happened here is the U.S. is not better than any other corrupt country,” Guzman added.

I agree with him. This trial was a showboat, run by his former associates who were given license to claim whatever they wanted in exchange for a reduction in sentence for their own misdeeds. Freedom is a commodity far more precious than money.[More....]

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Jeffrey Epstein Bail Hearing

The Judge in Jeffrey Epstein's case in the SDNY said he likely won't rule today on whether Jeffrey Epstein will be granted release on bail.

Bail is not intended to be punitive. Even though there is a presumption that he is a flight risk and danger to the community based solely on the nature of his charges, the statute allows him to present evidence to rebut the presumption. If he does, the government must prove flight risk by a preponderance of the evidence and danger to the community by the higher standard of clear and convincing evidence. The Court can still consider the presumption in making its final decision.

Epstein successfully completed his community supervision after jail and has incurred no new charges until now, and these charges relate to activity before his Florida case. Photographs in a safe is all the prosecutor has to show he's still a danger. 14 years of compliance in my view is enough to rebut the presumption. [More...]

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El Chapo: Gov't. Asks for Life Plus 30 Years

Joaquin "El Chapo" Guzman is scheduled to be sentenced on July 17. Yesterday, the Government filed its sentencing position via a written letter (available here)to the Judge. The Government says the Court must sentence him to life on the continuing criminal enterprise count and a consecutive 30 year term for his conviction on using a firearm (a "machine gun") in connection with a drug offense. The Probation Department apparently agrees. The Government also says a life plus 30 year sentence is appropriate.

Why not just ask for life plus cancer? Maybe they are saving that request for Jeffrey Epstein.

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Kim Dotcom's Final Extradition Hearing Underway

I'm sending good thoughts to Kim Dotcom and his Megaupload partners by playing this catchy tune today as they face their final showdown in the New Zealand Supreme Court which will decide once and for all whether the entrepreneurs can be extradited to the U.S. on charges of copyright violation.

This was the status last July when they lost in the Court of Appeals.

The Supreme Court has provided a handy and fairly concise explanation of the case to date and issues here. [More...]

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More Indictments for Michael Avenatti

How many Indictments does this make? Michael Avenatti has been charged in new indictments with ripping off Stormy Daniels and his extortionist threats to Nike.

What are the odds he can beat all of them?

The Nike extortion Indictment has dozens of references to "CC-1, who is attorney Mark Geragos. Geragos retained Ben Brafman after the failed power play made the news. It seems to me that Brafman did an amazing job keeping Geragos from getting indicted.

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Government Seeks 17 Years for Son of Ismael Zambada-Garcia

The Government filed its sentencing memorandum today in the case of Jesus Vicente Zambada-Niebla, son of Sinaloa Cartel co-leader Ismael Zambada-Garcia, who cooperated with the government and testified against El Chapo. A post on his plea agreement is here.

Vicente has been in custody since 2010. In his own case, he initially raised the "public authority" defense and tried to convince the Court he was acting with the approval of the D.E.A. as an informant. After that failed, he became a cooperator and was interviewed more than 100 times.

He and his family will remain in the U.S. after he finishes his sentence, with new identities courtesy of the Witness Protection Program.

The government could have recommended 10 years, but it didn't. It is recommeding 17 years, 2 years more than the Flores twins. (See their history and the history of their co-consspirators here). It points out that Vicente ordered the murders and kidnappings of many people. But unlike the Flores twins, who got 14 years, he never lied.

Initially, Mexico was unhappy with the government's deal with Zambada-Niebla's cooperation deal and the plan to extradite El Chapo. I wonder what the new AMLO Admninistration feels the same.

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