I have drafted more indictments than I can count. When indicting a single individual for crimes he or she committed (as opposed to multiple individuals involved in a conspiracy) prosecutors rarely include references to the conduct of others. For example, a single-defendant witness tampering indictment typically will state something along the lines of, “On or about January 1, 2019, within the District of Columbia, defendant John Q. Public, threatened a witness with the intent to impede the witness’s truthful testimony in an official proceeding.” However, when indicting multiple individuals for participating in a conspiracy, those individuals are named, and their conspiratorial actions detailed.
Stone’s indictment reads like a typical conspiracy indictment, only without the conspiracy charge. Notably, there are several other individuals referenced in the Stone indictment (i.e., Person 1 — presumably Jerome Corsi; Person 2 — presumably Randy Credico; etc.). But most problematic for the Trump campaign are the following two passages: “During the summer of 2016, Stone spoke to senior Trump Campaign officials about Organization 1 [known to be WikiLeaks] and information it might have had that would be damaging to the Clinton Campaign;” “After the July 22, 2016 release of stolen DNC emails by Organization 1, a senior Trump Campaign official was directed to contact Stone about any additional releases and what other damaging information Organization 1 had regarding the Clinton Campaign.”
The Stone indictment is replete with references to the alleged misconduct of others carried out in a concerted effort to obtain and exploit the stolen DNC emails in order to help Trump and hurt the presidential campaign of Hillary Clinton. Most ominously, participants in this endeavor include senior Trump campaign officials, according to the indictment. Moreover, one such senior Trump campaign official “was directed to” coordinate with Stone for the purpose of acquiring/further exploiting the stolen emails. To be clear,
acquiring/exploiting stolen property for one’s own use is a crime.
One obvious question raised by the Stone indictment is, who is the person that “directed” the senior Trump campaign official to undertake this criminal coordination with Stone?
It seems logical that such a person would need to be pretty senior themselves, if they were directing another “senior official” to do something. (Then again, there is one “junior” person who might have had the requisite status to direct a senior campaign official — Donald Trump Jr.) Right now the only thing we can do is wait for further charges to materialize, or Mueller’s report to Congress.
In my professional opinion, then, the Stone indictment is a means to an end. Mueller almost certainly will use it as leverage to pressure Stone to become a cooperating witness. Given the strength of the “hard evidence” (emails, text messages, false sworn testimony, etc.), Roger Stone has little hope of avoiding conviction at trial.
Cooperating with the Mueller probe is likely his only way to avoid jail time.