Roger Stone, through his attorneys on Tuesday, said he was not withdrawing his demand that he see redacted portions of special counsel Robert Mueller’s report now that a public version has been published.
Stone and his legal team appeared at a status conference in a federal courthouse in Washington, D.C. on Tuesday — his first court appearance since the release public version of the report, which redacted the details about his case.
The government — represented by Jonathan Kravis, a lawyer in the D.C. U.S. Attorney’s office, which is taking over Stone’s case now that the Mueller probe has concluded — said Tuesday it opposes revealing to Stone the redacted portions of Mueller’s report related to his case. Prosecutors will flesh out that opposition in a filing due Friday, but Kravis said that the redacted portions deal with the prosecutors’ “mental impressions” and “conclusions” that they are not obligated to turn over in discovery.
U.S. District Judge Amy Berman Jackson said she would not rule on the issue until the briefings had been filed, but wanted to discuss it at the Tuesday hearing since Stone had made his original request for Mueller’s report before it was publicly released.
“We are in a situation where 500 pages of analysis” were “largely” made public, Berman Jackson said.
“Is there a different standard that applies once that door is open?” she asked Kravis.
Kravis said there is not, while detailing the extent of discovery the prosecutors had already produced for Stone.
He said prosecutors had provided for the defense all of the testimonies of the witnesses who spoke to the grand jury about Stone’s case, with the exception the testimony of the FBI case agent on the Stone investigation.
He also told the judge that if she requested it, prosecutors would provide for her the relevant redacted portions of the Mueller report for her to review privately.
Stone’s attorney Bruce Rogow declined the opportunity to weigh in on the question at the hearing, telling the judge he’d prefer to wait until he sees the government’s full response in its filing due Friday.
Stone faces charges of making false statements and obstruction. He has pleaded not guilty.