Appeals Court Rejects Roger Stone Bid To Loosen The Gag Order In His Case

Roger Stone, ally of US President Donald Trump, speaks to the press in Washington, DC, on January 31, 2019. - Stone pleaded not guilty on January 29 to charges stemming from the ongoing investigation into whether the... Roger Stone, ally of US President Donald Trump, speaks to the press in Washington, DC, on January 31, 2019. - Stone pleaded not guilty on January 29 to charges stemming from the ongoing investigation into whether the US president's campaign colluded with Russia in the 2016 election. (Photo by Andrew CABALLERO-REYNOLDS / AFP) (Photo credit should read ANDREW CABALLERO-REYNOLDS/AFP/Getty Images) MORE LESS
Start your day with TPM.
Sign up for the Morning Memo newsletter

It looks like Roger Stone will have to stay off Instagram for at least a little bit longer.

An appeals court on Tuesday rejected the request by Stone and his family to loosen the gag order that had been imposed in his case.

After Stone repeatedly ran afoul of her rules about his public remarks, U.S. District Judge Amy Berman Jackson banned him from using social media and also prohibited him from using his family and friends as proxy spokespeople.

Stone and his family tried to get around Jackson’s order by filing an unusual request — known as a mandamus petition — with the federal appeals court in D.C.

The three-judge appeals court panel said Tuesday that Stone and his family had other avenues for challenging the gag order.

“Because the Petitioners possess adequate alternative remedies, they fail to satisfy the third prong of mandamus entitlement, and we must dismiss the petition for lack of jurisdiction,” said the court, which was comprised of three Obama-appointees.

Stone’s trial on charges of lying to Congress and witness tampering is scheduled to begin early next month. Stone has pleaded not guilty.

Stone was given several chances to abide by the order originally imposed in his case that barred him from making statements that would prejudice the jury pool.

First, he angered Jackson by posting an image of her on his Instagram with a crosshairs in the corner and an inflammatory caption.

Jackson then ordered Stone not to discuss publicly the case, the court or the investigators, which at that time included special counsel Robert Mueller’s team.

Stone violated her order again, with Instagram posts attacking the FBI, raising conspiracy theories about the Russia probe, and claiming he was framed.

It was then, in mid-July, that Jackson imposed the blanket ban on Stone’s social media use as well as the prohibition on him using his family as “surrogates.” Stone and his family filed their petition to the appeals court two weeks later

The appeals court noted the several opportunities Stone had to directly appeal these various orders.

“Stone had an adequate avenue of relief – direct appeal – but he failed to avail himself of it in a timely fashion, so we lack jurisdiction,” it said.

As for his family “who assert a somewhat different injury than Stone,” the court said, they “fail to establish that no adequate alternative remedy exists.”

“Unlike Stone himself, Stone’s family members are free to use social media and free to speak about the case,” the appeals court said. “The order merely enjoins Stone from vicariously expressing his speech about the case through anyone else.”

Latest News

Notable Replies

  1. Gee, what sad news.

    I have sooooo missed hearing Roger’s pearls of wisdom over the past few months… :crazy_face:

  2. Stone is a bombastic goof, but he does have his fingers in a great many wingnut pies. It seems at least possible he has some sort of knowledge about the various issues House committees are taking testimony on right now. Sort of odd you don’t hear about him being called before committee to testify about anything.
    I guess he’s just clueless maybe?

  3. Looking forward to Roger’s interview from whatever prison ends up being his residence after his conviction.

    On second thought, I’m sure I’m busy that day.

  4. Roger Stone is a sociopath, certifiable.

  5. IOW -

Continue the discussion at

38 more replies


Avatar for zandru Avatar for fargo116 Avatar for clemmers Avatar for krusher Avatar for steviedee111 Avatar for becca656 Avatar for ignoreland Avatar for mrf Avatar for pine Avatar for fiftygigs Avatar for tena Avatar for docd Avatar for rickjones Avatar for lizzymom Avatar for noonm Avatar for coimmigrant Avatar for pike_bishop Avatar for demosthenes59 Avatar for euglena4056 Avatar for pablointhegazebo Avatar for greenman66 Avatar for rascal_crone Avatar for kovie Avatar for WayOutWest

Continue Discussion
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Associate Editor:
Editor at Large:
General Counsel:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: