Did Roger Stone conspire to commit computer fraud?

Politics

[View here as a Twitter thread]

Did Roger Stone conspire to commit computer fraud? The Computer Fraud Act makes it illegal to transmit stolen materials with the intention of causing damage. 

1/ The latest Mueller indictment alleged that Russian military officials hacked into the DNC (and others) and then transmitted the stolen material with the intent to cause damage to HRC’s candidacy for president.

2/ Conspiracy to commit computer fraud (18 U.S. Code 1030(b)) has 5 elements: (1) 2 or more persons (2) Intentionally (3) make an agreement (4) to violate the computer fraud statute, and (5) commit some overt act in furtherance of the agreement.

3/ (the “overt act” is so people aren’t criminalized for thinking about committing a crime.) For reliability, let’s limit to 2 kinds of facts: Those in the Mueller indictments & public statements by Stone himself. A prosecutor must prove each element beyond a reasonable doubt.

4/ Next we apply the facts to the law. According to the indictment “a person who was in regular contact with senior members” of the Trump campaign began communicating with the Russian hackers. Roger Stone has admitted this person is probably him.

5/ Let’s assume it’s true that on 8-3-16 Stone dined with Assange as he wrote in an email:  On 8-21-16, Stone tweeted: “It will soon be Podesta’s time in the barrel.” 

6/ In October, Wikileaks began releasing emails stolen from HRC’s campaign chair, Podesta. Let’s see if we have facts to prove each element: Element (1) two or more people: Element (2)☑️ Intentional: (to make sure someone wasn’t unwittingly caught up in something.

7/ Element (3) make an agreement: ☑️ (unless, of course, Stone said ‘No Don’t Do It!’) Element (4) to violate a federal law: ☑️ (the computer fraud act) Element (5) commit some act in furtherance:☑️ (meetings, and in this case, the crime was actually committed)

8/ Now we analyze: YES (well, as far as we can see from facts at hand without benefit of a court of law) Conclusion: It’s soon to be Stone’s time in the barrel. Co-conspirators are punished the same as the person who commits the underlying crime.

9/ From the Computer Fraud statute: Whoever CONSPIRES to commit an offense under this statute is punished the same as someone who actually did the work: a fine or imprisonment for not more than 10 years.

10/ For everyone studying for the Twitter Bar Exam (and preparing for more indictments) what we just did is known to law students everywhere as IRAC: I: ISSUE (Did Stone conspire to commit computer fraud) R: RULE (list the elements) A: ANALYZE (apply facts) C: CONCLUSION

11/ Next, we can try: Issue: Did Stone Aid and Abet a crime? Issue: Was Stone an Accomplice After the Fact? Issue: Did Stone conspire to defraud the US? Spoilers: Yes, yes, and yes. (All of these are activities popularly known as “colluding”)

12/ Adding: Did Stone make false statements to Congress? etc. Remember we don’t know what Mueller will do. Prosecutors decide what to charge partly on how sure they are that they can prove each element. That’s partly why fed. prosecutors have better than 95% conviction rate.

Scroll to Top