Stone claims unfair prosecution by Mueller

Stone claims unfair prosecution by Mueller
© Stefani Reynolds

Roger StoneRoger Jason Stone3 real problems Republicans need to address to win in 2020 Judge rejects Stone's request to dismiss charges Judge dismisses DNC lawsuit against Trump campaign, Russia over election interference MORE in new court filings on Tuesday alleged that special counsel Robert MuellerRobert (Bob) Swan MuellerTrump calls for probe of Obama book deal Democrats express private disappointment with Mueller testimony Kellyanne Conway: 'I'd like to know' if Mueller read his own report MORE unfairly targeted him and that he should not be charged with lying to Congress because lawmakers did not refer him for prosecution.

Stone’s attorneys claimed in the court documents that other files under seal show that witnesses who testified before the House Intelligence Committee also made false statements but were not indicted as part of Mueller's probe.

“With additional discovery, Stone can seek to establish: (1) he was singled out for prosecution from others similarly situated; and, (2) that the prosecution was motivated by a discriminatory purpose,” the filing states.

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Lawyers for the longtime GOP operative and onetime Trump campaign adviser alleged that they have evidence that out of all the witnesses who testified in the House Intelligence Committee’s Russia probe, “Roger Stone’s transcript was the only one demanded by the Department of Justice.”

“Stone, and Stone alone is being prosecuted when others lied about Stone to HPSCI, to agents of the Special Counsel’s Office, and to the Grand Jury,” the filing reads, referring to the House panel. “That Stone has been targeted because of his exercise of First Amendment rights is now apparent given the decision to prosecute only him despite the acknowledged perfidies of others.”

The Hill has reached out to a spokesperson for the special counsel for comment.

Stone also pushed back against Mueller’s authority to charge him for lying to Congress, arguing that the scope of the special counsel’s probe didn’t cover the congressional investigations into Russia's election interference.

“The Special Counsel is limited to matters that arose directly from ‘the investigation.’ ‘The investigation’ specifically refers to the Special Counsel’s investigation, not an audit of a separate Constitutional branch of government’s investigation, nor making pre-determined people quarry for the Special Counsel,” Stone’s lawyers wrote.

Stone also claimed that a letter filed under seal indicates that other witnesses in the Russia probe also lied to investigators, including the House Intelligence Committee, but were not prosecuted.

He pointed specifically to witness Randy Credico, alleging that he was one individual who made false statements but wasn’t prosecuted.

Martin Stolar, Credico's lawyer, told The Hill that he has been given "no indication" that Credico had lied to any investigators.

Stone had claimed that Credico, a former associate and radio host, served as his backchannel to WikiLeaks. Credico has vehemently denied the role and that the relationship between the two men deteriorated over the claims.

Stone was also indicted on a witness tampering charge related to Credico.

The House Intelligence Committee voted late last year to release the official transcript of its interview with Stone to Mueller. The panel voted earlier this year to give the special counsel the transcripts of dozens of other witness interviews.

Stone has been indicted for lying to Congress, impeding a congressional investigation and witness tampering. He is fighting the charges, and will go to trial in November.