The Department of Justice (DOJ) on Tuesday is reportedly expected to change its sentencing recommendation for Roger StoneRoger Jason StoneWhite House orders release of Trump records to Jan. 6 committee Bannon says he discussed how to 'kill this administration in the crib' with Trump before Jan. 6 Roger Stone served with Capitol riot lawsuit during radio interview MORE a day after telling a federal judge the Trump associate should serve between seven and nine years in prison, guidance that was sharply criticized by President TrumpDonald TrumpYoungkin ad features mother who pushed to have 'Beloved' banned from son's curriculum White House rejects latest Trump claim of executive privilege Democrats say GOP lawmakers implicated in Jan. 6 should be expelled MORE.
Department officials found prosecutors’ initial recommendation “excessive,” according to multiple news outlets, including The Washington Post, Fox News and The Associated Press, citing an anonymous department source.
Reports of the expected change came after Trump denounced the recommended prison term as “horrible and very unfair” in an early Tuesday morning Tweet.
“The real crimes were on the other side, as nothing happens to them. Cannot allow this miscarriage of justice!” Trump said, sharing a message from a Daily Caller reporter about Stone’s prison sentence.
This is a horrible and very unfair situation. The real crimes were on the other side, as nothing happens to them. Cannot allow this miscarriage of justice! https://t.co/rHPfYX6Vbv— Donald J. Trump (@realDonaldTrump) February 11, 2020
Stone, a 67 year-old right-wing provocateur, was convicted in November of seven counts of obstructing and lying to Congress and witness tampering related to his efforts to provide the Trump campaign inside information about WikiLeaks in 2016.
Stone is scheduled to be sentenced on Feb. 20 by D.C. District Judge Amy Berman Jackson, an Obama appointee.
Prosecutors recommended in a Monday filing that Stone serve between 87 and 108 months in prison in accordance with federal guidelines.
“Roger Stone obstructed Congress’s investigation into Russian interference in the 2016 election, lied under oath, and tampered with a witness,” the DOJ court filing reads. “And when his crimes were revealed by the indictment in this case, he displayed contempt for this Court and the rule of law.”
Department prosecutors wrote that a sentence of up to nine years would “accurately reflect the seriousness of his crimes and promote respect for the law.”
Stone’s attorneys in a Monday night filing asked that the judge impose probation as an alternative to prison.
A Stone lawyer on Tuesday said the legal team had “read with interest” the new reporting on the DOJ’s shifting position.
“Our sentencing memo stated our position on the recommendation made yesterday by the government,” attorney Grant Smith told The Hill. “We look forward to reviewing the government’s supplemental filing.”
The department will reportedly clarify its recommendation on Stone’s sentencing later Tuesday.
--Updated at 1:13 p.m.