Roger Stone Cites COVID-19 In Renewed Bid To Delay Prison

By Mike LaSusa
Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our weekly newsletters. Signing up for any of our section newsletters will opt you in to the weekly Coronavirus briefing.

Sign up for our Aerospace & Defense newsletter

You must correct or enter the following before you can sign up:

Select more newsletters to receive for free [+] Show less [-]

Thank You!

Law360 (July 6, 2020, 11:35 PM EDT) -- Roger Stone told a D.C. federal appeals court on Monday that a lower court hadn't properly considered the longtime conservative operative's susceptibility to COVID-19 when ordering him to report to prison in a matter of weeks, rather than months, as he'd requested.

Stone was sentenced to 40 months in prison earlier this year for obstructing probes into Russian election interference, witness tampering and lying to Congress. But the close ally of President Donald Trump filed an emergency motion with the D.C. Circuit on Monday, saying U.S. District Judge Amy Berman Jackson hadn't properly considered his request to delay reporting for prison until September.

"The district court largely failed to address the evidence that Stone provided that demonstrates that he is at considerable risk from serious health consequences, including death, if his surrender date is not extended," the 67-year-old said, pointing to the ongoing global pandemic, which has particularly affected incarcerated people.

The self-described political "dirty trickster" also argued Judge Jackson hadn't given proper deference to the government's policy of taking the COVID-19 pandemic into account when deciding whether to seek detention for criminal defendants. Moreover, he said the judge hadn't properly analyzed the legal precedents.

In Judge Jackson's order, unsealed last week, she said Stone can report to prison on July 14, though he'll have to remain in home confinement until then.

Judge Jackson said that there aren't currently any cases of COVID-19 at the prison where Stone is set to serve his sentence. She also said that Stone has a medical condition that may make him more susceptible to the virus, but it "appears to be — as it has been for some time — medically controlled."

Moreover, the judge said that unlike other criminal defendants who had been granted longer extensions of their surrender dates, Stone had run afoul of the judicial system in myriad ways.

But Stone's attorney David I. Schoen told Law360 that the prison where Stone is assigned does indeed have COVID-19 cases. He also accused Judge Jackson of political motivations.

"She just cannot be fair to Roger Stone and she has proved it in outrageous move after move," Schoen said. "She seems to think she strikes at the president when she unfairly punished Roger Stone. She has politicized the process every step of the way."

The government, which didn't oppose Stone's request for an extension of his surrender date to September, didn't respond on Monday to a request for comment.

The government is represented by Elizabeth Trosman of the U.S. Attorney's Office for the District of Columbia.

Stone is represented by the Law Office of Seth Ginsberg and the Law Office of David I. Schoen.

The appeal U.S. v. Stone, case number 20-3033, in the U.S. Court of Appeals for the District of Columbia Circuit. The district court case is U.S. v. Stone, case number 1:19-cr-00018, in the U.S. District Court for the District of Columbia.

--Editing by Emily Kokoll.

For a reprint of this article, please contact

Attached Documents

Useful Tools & Links

Related Sections

Case Information

Case Title

USA v. Roger Stone, Jr.

Case Number



Appellate - DC Circuit

Nature of Suit

Date Filed

April 30, 2020

Government Agencies

Judge Analytics

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!