In a filing late Thursday, the Justice Department says it is OK with the request because federal prosecutors are letting all defendants who aren’t a flight risk delay their prison terms during the pandemic.
“The US Attorney’s Office for the District of Columbia has uniformly adhered” this standard for postponements, the filing says. “For that reason — and that reason only — the US Attorney’s Office for the District of Columbia does not oppose” Stone’s motion for a 60-day delay.
Judge Amy Berman Jackson has yet to rule on Stone’s request.
He is supposed to serve his sentence at a medium-security federal prison in Jesup, Georgia.
Earlier this week, Stone formally requested the 60-day extension, citing concerns about the pandemic. His lawyers said he has “serious health issues” and that it would be “life-threatening” for Stone to start his prison sentence while the coronavirus was still raging in the country.
Instead of quickly approving Stone’s motion — which was unopposed by the Justice Department — Jackson demanded more information from prosecutors about their correspondence with Stone’s team and about the status of the virus outbreak at the prison.
The Justice Department on Thursday said there are currently zero confirmed coronavirus cases at the federal prison in Georgia where Stone will serve his sentence. In a previous filing, Stone said there had been 25 tests conducted at the facility. The Justice Department says these were done as a precaution for inmates about to be released, and all tests came back negative.
In the new filing, the Justice Department explicitly denied that it tried “to exert any influence” over whether the Bureau of Prisons postponed or adjusted the date of Stone’s surrender.