© 2026 ABC News

Kupec also said there was no contact between the White House and Justice Department leadership regarding the Monday evening's filing prior to the decision made to reverse course.

Pressed by ABC News in the Tuesday evening briefing about what prosecutors would say in court about whether Trump's tweet played any role in the reversal, or Stone's status as one of Trump's former confidants, the official called the tweet \"an inconvenient coincidence\" and insisted it played no role.

In response to DOJ’s sentencing recommendation change, Roger Stone attorney Grant Smith told ABC News, “Our sentencing memo stated our position on the recommendation made yesterday by the government. We look forward to reviewing the government’s supplemental filing.”

In court papers filed on Monday, the prosecutors outlined in detail their case from Stone's trial, highlighting each count against him and citing the incidents that led to Judge Amy Berman Jackson gradually issuing stricter gag orders against Stone in the months leading up to his trial.

\"PHOTO:
Mark Wilson/Getty Images
PHOTO: Roger Stone, former advisor to President Donald Trump, and his wife Nydia Stone arrive at the E. Barrett Prettyman United States Courthouse, Nov. 15, 2019, in Washington, DC.
>

The charges filed against him revolved around Stone's sworn testimony in September 2017 before the House Intelligence Committee. Specifically, Stone was found guilty of lying to Congress about conversations he had about hacked material published by WikiLeaks that Russian military hackers allegedly stole from the Democratic National Committee and then-Democratic presidential candidate Hillary Clinton's campaign manager, John Podesta. Stone was also charged with witness tampering by urging his former associate, Randy Credico, to exercise his Fifth Amendment rights before the committee.

\"Stone knew the gravity of the House Intelligence Committee's investigation when he obstructed it by giving false testimony and tampering with a witness,\" government lawyers wrote in their sentencing memo filed Monday. \"Indeed, Stone acknowledged as much in his opening statement before the Committee. Stone chose -- consciously, repeatedly, and flagrantly -- to obstruct and interfere with the search for the truth on an issue of vital importance to all Americans.\"

Prosecutors later added, \"Roger Stone obstructed Congress's investigation into Russian interference in the 2016 election, lied under oath, and tampered with a witness. And when his crimes were revealed by the indictment in this case, he displayed contempt for this Court and the rule of law. For that, he should be punished in accord with the advisory Guidelines.\" The guidelines range for Stone's sentencing is 87-108 months in prison, or seven to nine years.

In response, Stone’s lawyers disputed the sentencing guidelines outlined by federal prosecutors in the defense's sentencing memo filed late Monday night, arguing Stone's convicted offenses do not warrant the high sentencing range of seven to nine years in prison that the government is recommending.

After presenting their argument against the prosecution’s proposed sentencing guidelines, Stone’s attorneys wrote to Judge Jackson, \"It is respectfully submitted that the Court should impose a non-Guidelines sentence of probation with any conditions that the Court deems reasonable under the circumstances.\"

Jackson is scheduled to sentence Stone on Feb. 20.

ABC News' Lucien Bruggeman and Jordyn Phelps contributed to this report.

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