MIAMI (CBSMiami/CNN) — Federal Judge Amy Berman Jackson on Thursday dramatically restricted Roger Stone’s ability to speak publicly about his case after he published an Instagram post with what appeared to be the crosshairs of a gun drawn behind her head.
From this moment on, Stone may not speak publicly about the investigation or the case or any participants in the investigation or the case.
“Period,” Jackson adds.
Jackson said Stone could issue no statements on the radio, no press releases, no blogs, no media interviews, no Facebook, Twitter, Instagram or Snapchat posts and no statements can be made on his behalf by spokespersons, family members or even “many volunteers,” Jackson said.
“This is not baseball,” she added. “There will not be a third chance.”
Stone apologized repeatedly Thursday before Jackson ruled.
“I don’t offer any rationalization or excuse or justification. This is just a stupid lack of judgment,” Stone testified in a dramatic federal court hearing.
“I regret it,” the longtime Republican political operative and self-described “dirty trickster” added.
Jackson did not accept Stone’s explanation, at one point using air quotes when she said the word “apologize.”
“Thank you, but the apology rings quite hollow,” she said.
“No, Mr. Stone, I’m not giving you another chance,” she added.
Stone testified that a volunteer working for him had downloaded the picture, but he himself wrote the post and published it. He said he did not know who the person was.
The first post was a picture of Jackson with what appeared to be the crosshairs of a gun drawn behind her head. Stone’s caption called special counsel Robert Mueller a “Deep State hitman,” said his case was a “show trial” and implied that Jackson was biased as an Obama appointee and because she had ruled on a Benghazi-related case and “incarcerated Paul Manafort.” “#Fixisin,” Stone added to his post.
Soon after, he replaced the post with a cropped image of Jackson, this time with the crosshairs cut out. He also slightly altered the text about Mueller and added a few more hashtags.
Then, the post got pulled.
Jackson brought two printouts of the posts into court Thursday. She told the court that she would like to discuss the laws governing the First Amendment restraints around criminal trials. Jackson has asked if the post should affect his release terms or his gag order. One of the terms following his arrest is that he cannot attempt to intimidate others, including judges and other officers of the court.
If Jackson determines that Stone did violate the conditions of his release, the worst consequences Stone could face include being charged for additional crimes like obstruction of justice and sent to jail or fined.
He acknowledged the image, which he described as a Celtic symbol, was improper.
“Your honor gave me a wide berth, which I am grateful,” Stone said of the gag order.
“(I) abused the order, for which I am heartfully sorry,” Stone added. “I am kicking myself.”
Stone later said: “I have no rationalization or excuse. It was just an error.”
Stone’s attorney Bruce Rogow said, “It is indefensible.”
Jackson responded: “I agree with you there.”
After the post was pulled, Stone’s legal team filed an apology with the court.
“Mr. Stone recognizes the impropriety and had it removed,” his legal team told the judge in a “notice of apology” filed with the court late Monday, a federal holiday.
On Instagram, Stone gave an additional explanation. He said the photo was randomly selected from the Internet, and that he was not intending to threaten the judge or disrespect the court.
Gag order in Manafort case
Jackson has been down this road before. In the criminal case against Stone’s longtime colleague Paul Manafort, Jackson revoked Manafort’s bail and sent him to jail eight months after his arrest because prosecutors accused him of attempting to reach out to witnesses.
Manafort, Donald Trump’s former campaign chairman, had been on house arrest. Stone has less restrictive bail that currently allows him to travel around Washington, DC, New York City and his home in south Florida.
Jackson has already warned Stone in person and in writing that he must not violate his bail terms nor draw too much attention to himself with his statements in the media. She ordered him not to speak in and around the federal courthouse, because of how court activity in his case has drawn crowds and how he stokes his followers.
Stone’s attorneys had argued for him to keep the ability to speak broadly about his case and politics. Writing and public speaking were essential parts of who Stone is, they said.
Stone was charged by the Justice Department in late January for lying to congressional investigators about his efforts to communicate with WikiLeaks as he sought to help the Trump campaign damage Hillary Clinton in 2016. He also faces charges of obstruction and witness tampering. Jackson so far has been especially sensitive to the witness intimidation allegation, reminding Stone multiple times that he cannot contact potential witnesses in his case.
He has pleaded not guilty to the charges.
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