Let’s take a quick look at the indictment.
Start with the witness intimidation charges. According to
the indictment, Stone repeatedly demanded Person 2 – widely known to be radio
host Randy Credico — to refuse Congressional efforts to have him testify and
lie about what he knew.
Not just once, but on “multiple occasions,” Stone told
Credico to do a “Frank Pentangeli” before the House Intelligence Committee.
Pentangeli is, of course, the character in Godfather II who lies before a
congressional committee, claiming not to know information in order to protect
his mafia boss.
But Credico is not Pentangali, and Stone was not happy about
that. When Stone learned that Credico continued to talk to investigators, he
took it a step further.
“Prepare to die,” Stone tells Credico, according to the
indictment. Stone allegedly warns Credico that his lawyers were “dying [sic]
RIP you to shreds” and that they would take Credico’s therapy dog as well.
Note to Stone #1: Threats to a witness with intent to
influence or prevent testimony is not protected speech.
Of course, these are just allegations at this point.
Prosecutors may not convincingly establish that these statements were made —
although presumably they have them in print or on tape since they include
specific quotations. And Stone might convince the jury that they were just made
in jest.
But if the facts are as they are appear, Stone threated
Credico in attempt to convince Credico not to testify or talk. This
is witness tampering, a crime that carries a maximum 20 years
prison term. It is not protected speech.
Other parts of the indictment are rife with damning details
about lies made to Congress in testimony before the House and Senate
intelligence committees. Stone states that he had no relevant “documents,
records, or electronically stored information,” when it fact it later turned
out that he possessed a range of responsive texts and emails. He said he hadn’t
sent or received any texts or emails about Wikileaks, when in fact he sent and
received many. He reportedly lied about just about every aspect of the
communications, including the timing, mode, and content of his contact with
both Wikileaks and the Trump campaign.
Note to Stone #2: Lying in testimony to and concealing
documentary evidence from congressional committees is not protected speech.
Rather, it constitutes the crime of making making false
statements to Congress — a crime that carries a maximum of five years for each
of the five counts charged. Collectively, the lying to, concealment of
documents, and alleged intimidation of Credico provide strong support for an
obstruction of justice charge, also carrying a maximum of five years.
Stone is free to exercise his free speech rights in as much
as he wants to decry attacks on his free speech. But he would benefit from a
lesson on the First Amendment before he does so.
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