Yesterday I wrote:
Once upon a time, this sort of [juror] bias [as evidenced by Tomeka Hart] would have been something liberals would have recognized as disqualifying. But now, since it hurt Trump and Stone, I predict that the judge, Obama appointee Amy Berman Jackson (who presided over the Manafort trial as well as the Stone trial) will not see it that way.
So today we have this exceedingly unsurprising news, via The Hill:
A federal judge on Tuesday refused to delay Roger Stone’s sentencing amid the fallout over the Trump administration’s decision to intervene in the case against the president’s longtime ally.
The sentencing will move forward on Thursday at its originally scheduled time, the judge said, despite a new effort from Stone’s defense team to get a new trial.
Note the way the entire thing is framed. Those are the first two paragraphs of the story, and the focus is on Trump’s comments (which Barr said did not influence him) rather than anything about Hart. It’s obvious why it’s written that way.
The article doesn’t go into just why Stone’s attorneys are asking for a new trial until paragraph number seven, which goes like this:
It’s unclear what grounds Stone’s legal team is citing in its request for a new trial, but one of the lawyers acknowledged to The Hill last week that it was investigating the social media activity of a member of the jury.
Note how neutrally Hart’s rampant bias is described: “social media activity.” One would think they might just be objecting to her having a Facebook page and posting photos of her vacations.
Then we get to paragraph eight:
Right-wing Stone supporters seized on posts from Tomeka Hart, who served as foreperson for the trial jury, as evidence of bias against the administration after she came forward last week in defense of the prosecution.
I think the authors of that sentence/paragraph from the Hill piece should get an award from the American Association of Subtle Propaganda Writers. It’s really a thing of beauty, designed to get readers to discount such objections (see yesterday’s post of mine for example of what Hart actually wrote).
So, it was “right-wing Stone supporters” who criticized Hart? Like good old Democratic voter Jonathan Turley, who wrote:
[Tomeka Hart] referred to the President with a hashtag of “klanpresident” and spoke out against “Trump and the white supremacist racists.” She posted about how she and others protested outside a Trump hotel and shouted, “Shame, shame, shame!” When profanities were projected on the Trump hotel, she exclaimed on Jan. 13, 2018, “Gotta love it.” On March 24, 2019, she shared a Facebook post — no longer public — while calling attention to “the numerous indictments, guilty pleas, and convictions of people in 45’s inner-circle.”
More worrisome are her direct references to Stone, including a retweeted post, in January 2019, from Bakari Sellers, again raising racist associations and stating that “Roger Stone has y’all talking about reviewing use of force guidelines.” She also described Trump supporters such as Stone as racists and Putin cronies…
It certainly seems Hart had no place on the Stone jury. The Supreme Court has repeatedly declared that the “minimal standards of due process” demand “a panel of impartial, indifferent jurors.” Hart’s record suggests little that is impartial or indifferent. She was perfectly within her right to engage in such commentary and protests — but she had no right to sit in judgment of an associate of the president after her public declarations. Her participation raises serious arguments for setting aside the verdict, from the possibility of ineffective counsel to the denial of due process.
Turley is far from being a “right-wing Stone supporter.” What he is, however, is a person who loves the rule of law and tries to defend and support it impartially. And he is not alone; many of the people who are pointing out Hart’s bias are not what you’d call “Stone supporters,” although the authors of that Hill piece would have you think so, the better to discount the criticism of Hart.
Then of course, we have one of the favorite MSM verbs: “seized” (variant: “pounced”), as in “right-wing Stone supporters seized on posts from Tomeka Hart.” It indicates some sort of desperate, aggressive attention to something relatively innocuous.
And the Hill authors conclude this short-but-fully-packed sentence this way: “as evidence of bias against the administration after she came forward last week in defense of the prosecution.”
That is literally true; it is indeed when Hart’s social media posts were spotlighted. But the implication is that these “right-wing supporters” of Stone’s suddenly seized on Hart’s previously ignored posts only because she had the nerve to support the stalwart Stone prosecutors. But actually, until she outed herself at that point, no one had any idea what her identity was and therefore no one was able to scrutinize and criticize her social media posts for bias until her defense of the prosecution revealed her identity.
That is conveniently left out of the article entirely. And it goes on to talk about Trump again, and his criticism of the prosecution team.
There is also mention of this:
Jackson said that she has not decided whether to have a hearing on the defense motion, but said that it would be best to move forward with Thursday’s hearing and delay the sentence from going into effect until the motion is decided.
What’s the big old rush to sentence Stone? Has she really not decided on the motion? I would be astounded, utterly astounded, if she were to grant it. I think she just wants to get this over with and hopes the attention is away from her when she refuses to grant the motion. Otherwise, why not delay the sentencing a little while, if there’s any hope of granting a new trial?
I am going to assume that if things go as I predict, this case will be appealed and may wind up in the hands of SCOTUS. Meanwhile, Roger Stone will be in prison for less than the sort of thing that earned Andrew McCabe a nice gig with CNN.