J.P. Cooney cultivated a politically toxic environment, disseminated baseless conspiracy theories, and engaged in unprofessional conduct, a report says.
Former Attorney General Bill Barr did not improperly pressure prosecutors to reduce sentencing recommendations for political activist Roger Stone, according to a new government watchdog report. The exoneration of Barr came more than four years after a deluge of media reports alleging wrongdoing.
However, J.P. Cooney, a Justice Department official now serving as Special Counsel Jack Smith’s top deputy, cultivated a politically toxic environment, disseminated baseless conspiracy theories about Trump and his political appointees, and engaged in unprofessional conduct as he oversaw the team making sentencing recommendations, according to the same report.
Cooney is mentioned (as the “Fraud and Public Corruption Section Chief”) a whopping 394 times in the 85-page report released from the Justice Department’s inspector general on July 24. Cooney supervised a team of four attorneys who prosecuted Stone for what the government successfully argued in front of a Washington, D.C., jury were lies and obstruction during Special Counsel Robert Mueller’s investigation into Trump campaign officials. Mueller’s two-year, $32 million investigation was itself spun up by anti-Trump officials in the Justice Department after the Democrat National Committee and Democrat presidential nominee Hillary Clinton bought and paid for an information operation falsely alleging the Trump campaign was in cahoots with Russia to steal the 2016 election. Two members of Cooney’s team also worked on the Mueller investigation.
The Fraud and Public Corruption (FPC) team sought an unprecedented sentence of seven to nine years in prison for Stone, dramatically beyond what others convicted of similar crimes faced. When developing that sentencing goal, the team by its own admission thought the “closest analogue” to the Stone conviction was that of Scooter Libby, a target of a previous special counsel in a highly controversial prosecution. Libby’s proposed sentencing range was 30-37 months and he was sentenced to 30 months, which was derided as “excessive” by former President George W. Bush.
Yet the Cooney team larded up the Stone sentencing memo with every escalatory adjustment it could find, however disputable, to achieve a much harsher sentence and treat Stone differently than the Justice Department treats other defendants.
As soon as Cooney’s supervisors saw what he and his team had planned, “they all agreed that the sentencing recommendation was too high” and expressed grave concern about the situation. Interim U.S. Attorney Timothy Shea, who had started on the job just that week, said he “had never seen [perjury] cases produce a sentence that high, and that he was aware of many violent crimes that did not result in sentences ‘anywhere near’ the sentence the team was recommending for Stone,” according to the report. He noted that the escalatory adjustments were arguably made in error, in at least one case, and that the guidance was completely “out of whack” relative to other cases. Further, Stone was a “first-time offender, older than most offenders, and convicted of a nonviolent crime,” and “comparable cases” were sentenced around two to three years.
Cooney responded to the criticism of his extreme sentencing proposal by spreading an elaborate conspiracy theory with no supporting evidence that Trump, Barr, and Shea were being improperly political. Cooney admitted to investigators that “he had no information suggesting that anyone from Main Justice (i.e., DOJ leadership offices) was involved in the Stone sentencing at this time and no evidence pointing to improper motivations influencing these discussions” when he spread the conspiracy theory with his underlings.
In phone calls and other conversations with his prosecution team, Cooney spread his evidence-free conspiracy theory that “Shea was acting out of fear of then President Trump and, more particularly, fear of the consequences of not seeking a lower sentence for an influential friend of then President Trump.” He continued his conspiracy theories in other conversations. “Prosecutor 1 said that when he asked [Cooney] what was going on, [Cooney] replied that ‘this is coming from Main Justice. Tim Shea is getting pressure from Main Justice about the Stone sentencing recommendation, and Tim Shea is terrified of the President,’” according to the report. Cooney acknowledged he had no evidence to support these statements.
Another prosecutor said Cooney told him that “Shea did not care about Stone or the Stone case, but that Shea was ‘afraid of the President’ and that this fear was driving Shea’s actions,” according to the report. That same prosecutor said Cooney said multiple times that “Shea was afraid of the President and said it ‘with substantial conviction.’” Cooney later acknowledged he had no evidence to support his false claim.