June 12, 2021

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Judge asks if Roger Stone’s probation still applies after Trump’s commutation

Roger Stone makes an appearance outside his house holding up a double peace sign on July 12, 2020 in Fort Lauderdale, Florida.

Johnny Louis | Getty Images

A federal judge ordered the parties in Roger Stone’s criminal case Monday to clarify the “scope” of President Donald Trump‘s executive action commuting the prison sentence of his longtime ally.

Judge Amy Berman Jackson’s request came in response to “questions raised by the U.S. Probation Office,” especially the question of whether Trump’s clemency applies to “the sentence of incarceration alone or also the period of supervised release,” she said in an order on Stone’s case docket.

Jackson, a U.S. district court judge in Washington, D.C., also asked for a copy of Trump’s executive order.

Trump on Friday evening commuted Stone’s 40-month prison term just days before the 67-year-old Republican operative was set to report to a federal correctional institution in Georgia.

The White House’s announcement of the commutation proclaimed, “Roger Stone is now a free man!” – but it apparently left unclear the question of whether the 24-month term of probation from Stone’s sentence still applied.

Those two years of supervised release were set to take effect after Stone completed his 40 months behind bars for lying to Congress, obstruction and witness tampering. Stone was also sentenced to pay a $20,000 fine.

Asked later Monday at a press briefing about the scope of the president’s commutation, White House press secretary Kayleigh McEnany said, “I don’t have the exact details for you on that but i can follow up.”

The copy of Trump’s executive order and the requested clarifications are due to be handed to Jackson on Tuesday – the day Stone was scheduled to enter prison.

A lawyer for Stone did not immediately respond to CNBCs request for comment on Jackson’s order.

Stone was convicted on seven criminal counts after being indicted by a grand jury as part of former special counsel Robert Mueller’s investigation into Russian interference in the 2016 presidential election.

The charges related to Stone’s efforts during that election to get information from WikiLeaks about emails stolen by Russian agents from the head of Hillary Clinton’s campaign, as well as from the Democratic National Committee.

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