Roger Stone Jurors, Citing Trump Tweets, Say They've Been Threatened and Fear Harassment
"It is intimidating when the President of the United States attacks the foreperson of a jury by name," one juror said.
April 16, 2020 at 11:57 AM
6 minute read
Roger Stone's jurors are speaking out in court against the potential release of their questionnaires, saying they fear harassment after attacks by President Donald Trump on the jury's foreperson.
Right-wing figure Mike Cernovich, represented by Connecticut lawyer Norm Pattis, in February petitioned for the release of the forms amid Stone's bid for a new trial. U.S. District Judge Amy Berman Jackson of the District of Columbia—who presided over Stone's trial—tapped Sidley Austin partner Alan Raul to represent any jurors who wanted to get involved in the case, and on Wednesday Raul filed a motion on their behalf opposing the release of the questionnaires.
The filing, citing remarks made by figures from Trump to InfoWars host and conspiracy theorist Alex Jones, says "the threats to the jurors' safety and privacy persist" since the trial's conclusion in November.
"Indeed, the record shows that the jurors have been subject to continued harassment since the trial concluded and that the release of the questionnaires would only exacerbate the significant risks the jurors face," the filing reads. "On the special facts present here, it is necessary—indeed essential—for the jurors' protections to remain in place. Otherwise, the balancing required by the Supreme Court to protect jury privacy is no better than lip service."
Included in the filing are declarations from each of the jurors who convicted Stone in November on charges of lying to Congress, impeding the House Intelligence Committee's Russia probe and witness tampering.
In the declarations, the jurors describe how they were told the questionnaires they filled out would remain confidential. That meant they included information that could be used to easily identify them and their family members.
"These declarations describe risks not only to their own personal safety, but also to the safety of their family members—many of whom can be easily identified based on information disclosed in their questionnaires," the document states. "Jurors—including some who are federal employees, and work with or are supervised by political appointees, or who work for organizations that depend on federal funding—also have justifiable fears that online harassment would threaten their employment and hard-earned professional reputations."
Stone's trial found itself at the center of a media and political melee earlier this year, over the federal government's recommendation for his sentence. The four prosecutors who secured Stone's conviction initially told Jackson she should sentence him to up to nine years.
But after intervention from Main Justice, which said that sentence was too tough, all of the D.C. prosecutors withdrew from the case and one resigned from DOJ entirely. Jackson in February sentenced Stone to 40 months in prison.
In response to that controversy, the foreperson of Stone's jury spoke out in support of the prosecutors. But prior social media posts she made were uncovered as a result, spurring claims from conservatives, including Trump, that she was biased against Stone and may have made false statements in her questionnaire.
Stone's attorneys filed a motion for a new trial, and Jackson held a hearing on the motion in late February. During the hearing, she called two members of the jury to the stand to testify about the conduct of the foreperson, as well as the foreperson to discuss the social media posts.
Jackson indicated throughout those proceedings that the safety of the jurors was paramount, and sealed the courtroom itself during the hearing. Audio of the hearing was streamed to the media room in the D.C. federal courthouse.
In the declarations filed Wednesday, the jurors said Jackson and her courtroom deputy committed to protecting their privacy if they wished, including keeping the questionnaires sealed. They said they were allowed to speak publicly if they wanted, but the vast majority of them did not want to do so.
"Given the current climate of polarization and harassment, I do not want to draw any attention to myself, my family, or my employer in any way, shape, or form. It is intimidating when the President of the United States attacks the foreperson of a jury by name," one juror wrote.
Several jurors said that while they took their civil service seriously, the experience has since soured.
"I served willingly, but I did not sign up for what it has become. I find the current situation disheartening," one juror said.
The jury's foreperson wrote that she has experienced "significant harassment" since she spoke out publicly, and "received a dizzying volume of messages on my social media accounts, email, and even home address."
"I have been named and attacked by the President of the United States on Twitter, as well as by certain news hosts and many others," she wrote.
Another juror who has spoken publicly wrote in his declaration that he too has been harassed. He said he received a handwritten postcard at his home about the trial, which he said is "an implied threat, indicating that the sender knows where I live."
Jackson has yet to rule on Stone's motion for a new trial, which means he has not had to report to federal prison to serve his 40-month sentence.
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