New Prosecutor In Roger Stone Case Also Authored DOJ Letter Not To Prosecute McCabe

ORLANDO, FLORIDA – Sept. 14, 2017: Roger Stone at Book Signing Party.

A top Department of Justice prosecutor who authored the letter informing former FBI Deputy Director Andrew McCabe’s legal team that it would not file criminal charges against McCabe for lying to federal investigators, was the latest prosecutor added to DOJ’s prosecution against Roger Stone.

J.P. Cooney, the head of Fraud & Public Corruption, became part of the new prosecution team against Stone after the former prosecutors resigned in protest.

Cooney, head of the DOJ’s Fraud and Public Corruption, and John Crabb, who also handles public corruption cases for the U.S. attorney’s office in Washington, D.C., replaced the previous prosecution team last week after they resigned in protest against Attorney General William Barr’s decision to withdraw the recommendation by prosecutors to sentence Stone to seven to nine years in prison. At the hearing on Thursday, U.S. District Court Judge Amy Berman Jackson sentenced Stone to 40 months, far less than the prosecution recommended.

Cooney was charged with supervising the investigation into McCabe and wrote in a letter to McCabe’s attorney’s that “we write to inform you that after careful consideration, the government has decided not to pursue criminal charges against your client, Andrew G. McCabe, arising from the referral by the Office of the Inspector General to our Office of conduct describes in the OIG’s April 13, 2018, report entitled ‘A Report of Investigation of Certain Allegations Relating to Former FBI Deputy Director Andrew McCabe.”

Just as a reminder, McCabe was fired from the FBI in March, 2018 because he lied to federal investigators. DOJ Inspector General Michael Horowitz and his team of investigators revealed in their report that McCabe had lied to them four times, three times under oath regarding a 2016 leak to a Wall Street Journal reporter. McCabe should be held to the highest standard. After all, the FBI charges people all the time for lying to investigators but it appears to be different when it’s one of their own.

Horowitz – who was appointed during the Obama Administration – also believed that the leaks, as well as McCabe’s lies were significant enough to issue a criminal referral. Horowitz stated in the report that McCabe’s leak did not serve the “public interest” and was made “to advance his personal interests at the expense of Department leadership.”

So now, prosecutors Cooney and Crabb get Stone, 67, convicted for lying during a Congressional hearing about his contact with members of the Trump campaign. Seriously, I don’t know how these prosecutors look at anyone with a straight face. McCabe lied. Comey lied to Congress. Former CIA Director John Brennan lied to Congress and by the way, so did former Director Of National Intelligence James Clapper.  They, however, are enjoying life. Brennan, Comey, McCabe and Clapper are now contributors for cable networks and selling books.

They enjoy a different set of rules and laugh in the face of the American public, with impunity.

President Trump tweeted on Thursday, “They say Roger Stone lied to Congress. @CNN Oh, I see, but so did [James] Comey (and he also leaked classified information, for which almost everyone, other than Crooked Hillary Clinton, goes to jail for a long time), and so did Andy McCabe, who also lied to the FBI! FAIRNESS?”

Granted DOJ prosecutors Cooney and Jackson have only been on the team for a short time but they of course, sided with Judge Jackson that Stone’s sentencing should go forward, despite new information that the jury forewoman, Tomeka Hart, was an anti-Trump Democrat who posted her views on her social media.

Hart is a lawyer and former president of the Memphis City Schools Board of Commissioners and ran for congress as a Democrat. In a Facebook post, she said “can’t keep quiet any longer” in the wake of the Justice Department’s efforts to seek a more lenient sentence for Stone.

Stone is now out on bail and his defense team is fighting to get a new trial on the basis of juror bias.

In my opinion it should have been a mistrial and Hart should be disbarred for keeping her anti-Trump social media from the court.

However, Jackson has not yet ruled definitively on that motion. Stone will not have to report to prison until Jackson rules on that motion and in the end he may get a pardon, or commutation from President Trump. That in my opinion would be the right thing to do.

As for the new prosecutor, Cooney, I wonder if he even cares that he’s written one letter to let a senior FBI Deputy Director off the hook for lying and leaking, while a 67 year old man has been prosecuted and sentenced to 40 months, because essentially he was friends with President Trump.