Federal prosecutors are accusing longtime Donald Trump confidante Roger Stone of violating a court-imposed gag order by commenting about his case on social media.

In court papers filed Thursday, federal prosecutors in Washington asked U.S. District Judge Amy Berman Jackson of the District of Columbia to set a hearing to confront Stone about social media posts that the government contends violate the conditions of his release in a pending criminal case.

Prosecutors accused Stone of violating Jackson's gag order by making statements on Instagram and Facebook about the special counsel's investigation. The posts were aimed at national media by tagging publications like The New York Times, Washington Post, CNN and Wall Street Journal.

The posts referred to government corruption discovered by Stone's legal team and the “Russian hoax,” and the FBI's refusal to turn any emails between the FBI and CNN from the day he was arrested. Stone previously came under fire for posts on social media, including one that included a cross hair over Jackson's head.

“But these posts are arguably even worse, because they risk tainting the jury pool with information that is not relevant but that may appear, to some, to be relevant,” prosecutors said in Thursday's court filing. “At best, Stone's efforts could create the misimpression that this case is about issues that are not charged in the indictment, and risk the trial 'devolv[ing] into a circus.' But worse, it could confuse prospective jurors or color how they later view the actually-relevant evidence and understand the court's instructions about that evidence.”

Prosecutors argued that Jackson's orders restricting Stone's speech have not worked. Stone “nonetheless continues to fan the flames,” the government said.

Stone's defense lawyers pushed back Thursday, saying their client limited his comments to widely reported news and court filings.

“We are disappointed in, and surprised by, the government's unrealized fears,” said Grant Smith of Fort Lauderdale-based StrategySmith. “Mr. Stone has limited his comments to matters widely reported in the news or public court filings. The government's motion is ill advised and an astonishing overreaction.”

Stone's legal team includes also includes Robert Buschel of Buschel & Gibbons, Bruce Rogow and Tara Campion.

Stone is fighting charges that he lied to congressional investigators probing Russian interference in the 2016 U.S. election, obstructed justice and tampered with a witness. Prosecutors working under special counsel Robert Mueller III and the U.S. attorney in Washington, D.C., Jessie Liu, contend Stone lied to conceal efforts he and Trump campaign officials made in 2016 to get information from WikiLeaks about the release of hacked Democratic Party emails.

After Stone was indicted in January, Jackson placed a limited order that prohibited Stone from making public statements near the courthouse that would “pose a substantial likelihood of material prejudice to this case.” But he was otherwise allowed to speak freely with the media.

Jackson expanded that gag order in February after Stone made a post on Instagram that featured a crosshair near the judge's face. Defense lawyers apologized to Jackson for the “improper photograph and comment.” At a court hearing, Stone asked for a second chance. “It was a stupid, egregious mistake,” he said.

“Mr. Stone fully understands the power of words and the power of symbols and there's nothing ambiguous about crosshairs,” Jackson said.

That expanded order prohibits Stone from speaking publicly about the special counsel's investigation, his case or any of the participants. Stone was also barred from participating in interviews, press conferences or releases, or social media posts, but is permitted to solicit donations for his legal defense fund.

|

The government's notice is filed below: