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Roger Stone lawyers seek unredacted Mueller report to support selective prosecution claim

May 22, 2019

Lawyers for Roger Stone, President Trump’s former adviser, asked Tuesday to see unredacted sections of special counsel Robert Mueller’s report in search of evidence to support their claim of selective prosecution.

Attorneys representing Mr. Stone against charges brought as a result of the special counsel’s investigation into Russian election interference made the request in filings entered in D.C. federal court, where the longtime Republican strategist is scheduled to stand trial this fall.

“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,” his lawyers wrote in a filing.

Mr. Stone, 66, is accused by prosecutors of lying to members of the House Intelligence Committee about his conversations during the 2016 presidential race about the WikiLeaks website and its possession of stolen materials damaging to Mr. Trump’s opponent, former Democratic candidate Hillary Clinton.

Dozens of witnesses were interviewed before the House committee as part of the panel’s own probe into Russian election meddling, though the transcript of Mr. Stone’s appearance was the only one requested by the special counsel’s team, his lawyers wrote.

“Stone, and Stone alone is being prosecuted when others lied,” they wrote. “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 defendant’s right to a fair trial requires that he has access to that which the Special Counsel has now reported about him, and his case, and prosecution, so he and his counsel can determine whether any of that information may assist in his defense, in any way,” they added.

The Department of Justice did not immediately return a request for comment. Prosecutors recently provided the presiding judge with unredacted portions of Mr. Mueller’s report relevant to the Stone case for the court to determine if any of it could be shared with defense lawyers ahead of trial.

Russian military officers hacked Democratic targets during the 2016 race and stole emails later published by WikiLeaks, U.S. federal intelligence and law enforcement agencies previously concluded. Russia has denied responsibility.

Mr. Stone’s trial is currently scheduled to start in November. He has been charged with perjury, obstruction and witness tampering, and he has pleaded not guilty to all counts.

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