https://thehill.com/opinion/judiciary/483090-roger-stones-sentence-how-the-judge-will-really-decide-to-lock-him-up
Attorney General Bill Barr is undoubtedly right: The president’s ill-tempered tweets about pending criminal cases undermine the Justice Department’s mission. The rule of law depends not only on the reality but also the perception that prosecutorial decisions are driven by legal requirements and evidence, not political considerations.
For now, though, let’s table that and focus on what is actually at issue in the matter of Roger Stone’s sentencing.
The fact is, it was well within the legitimate power of the attorney general to countermand the Stone prosecutors’ submission to the court — i.e., to substitute a recommendation that the court impose a stiff but reasonable prison sentence on Stone, in place of the prosecutors’ suggestion of an excessive term.
More to the point, what we are witnessing in the media-Democrat commentariat is a manufactured controversy, reminiscent of their mau-mauing the president’s Ukraine indiscretion into an impeachable offense. Hence, the unhinged calls for Barr’s impeachment. The judge, not the Department of Justice (DOJ), will determine Stone’s sentence. The shrieking over DOJ’s Stone sentencing memos, topped by the theatrical resignation of the four prosecutors (who now want to be seen as stalwarts against politicized law enforcement after they conducted a patently politicized prosecution), is much ado about nothing.
Contrary to the misimpression so studiously peddled, Barr has not taken action that effectively slashes Stone’s potential sentence. Nothing could be further from the truth.
I have provided a broad overview of the controversy over the DOJ’s pre-sentencing submissions in the Stone case. Nevertheless, because the facts are a bit complicated and involve some legal esoterica, a simple point is being obscured: The only thing at issue in the two memoranda filed with the court by the DOJ is a non-binding recommendation about the sentence. It has no legal effect on the term that the judge will impose when Stone ultimately is sentenced, which currently is scheduled to happen on Feb. 20.