That sentence recommendation of nine years infuriated the president. As the story goes, the president directed attorney general william bar to intervene. The next day, the Trump Administration retracted the sentencing memo and suggested a lighter punishment. And then, the Prosecution Team withdrew from the case in protest. And all four of them left the case, wanted them resigned resigned from the department of justice. Since then, more than 2000 former federal prosecutors have demanded that at attorney general william bar step down. But that is not deterred the president. Yesterday he continued to fight for his buddy roger stone. Have you pardon roger stone . I have not given any thought but i think hes been treated very unfairly you look at roger stone for a tweet, somebody has to stick up for the people. Napolitano some yeses stick up for the people, political firestorm overshadowed the original case. But is the president correct in calling for less prison time . Here to discuss his federal former prosecutor my long time friend doug. Being i would think of the original prosecution of seven to nine jail on triton nine years in jail . Way too much away to close you look at the other cases weve all been involved in, ive been doing this for 30 years. But in the case called lying, serious conduct but it would be more the range of two to three years. Napolitano so what did you think of the attorney general publicly withdrawing the recommendation that the line prosecutors actually tried the case. And what did you think of their lead in the case . There are ways to look at it and some of the way you look at judge are not political. Thats why you have me here. So United States attorney direct may doug burns to change a recommendation in court. The attorney general can intern direct the u. S. Attorney to the same thing. So that doesnt drive political narratives, but thats the legal thing. But apparently here this is what happens is the United States attorney in d. C. Said you really should not be going for that kind of recommendation. And that u. S. Attorney backed down. And then what happened just as wind of it and said no and then they quit. Its been nine have you ever seen a case in your long career were all four prosecutors resigned after the verdict of get before the sensing . I met alike urinal like my answer, the answers know but ive never been a toxic situation like this. We are getting the hot button rhetoric, these were mueller people, some apparently warm. Be nine you had friends and colleagues among those 2000x prosecutors. You are one of those assigned one of those petitions that he that attorney general should resign. Is there ethical or principle involved . All i can do is tell like it is, your invite howard cosell. Tell like it is. But joking aside, i dont see that this fact pattern that i just laid out where the attorney general said and this is important recommendation is not binding on the judge sentencing is just up for the judge. So very often the prosecutors come up with too high of a recommendation that helps the defendant because the judge throttles back. The point is i cannot see how it prosecutor consigned that unless some political angle is involved. Because frankly, the conduct of bill bar, and i have no dog in the hunt, but his conduct in this matter does not warrant anywhere near resignation. I want to talk about the judge she denied it. She is now confronted with a motion for new trial because of prejudice on the trial the fourth person. The fourth persons prejudice the fourth person as a lawyer. Is ambiguous and unmistakable. Shouldnt the judge clarify that first . How did you get on the jury . Why didnt it tells the truth before she sends a stone . Not to over dramatize, but i feel like beyond hard to understand why the judge would go forward tomorrow with sentencing when you have a very important issue about what juror number one, became the foreperson and is a lawyer, as you just said judge was not forthcoming with certain aspects that wouldve been highly relevant to exercising a challenge either for cause or for preemptory to remove her. Then they go to the trial. So why in the world, rhetorically asking, why would the judge go to sentencing tomorrow without resolving that . Napolitano maybe we will have an answer to that about 12 hours. So on one hand some people say first down the punishment fits the crime. Others say this sentence was insane. Among then the deputy independent counsel during the whitewater and Monica Lewinsky investigation by longtime buddy so wise and burn who said this today on fox news channel. The average sentence for someone sentence under the obstruction guideline with little or no criminal history like stone has, is not nine years, its not seven years its a 9. 4 months. The original recommendation by the original prosecutor was a farce. It was within the guideline, but it was absolutely ridiculous. Napolitano said tell us what you really think so. Should the judge throw the book at stone . Or kick the president s advice. Lets meet our panel attorney, author, liberal danielle Fox News Contributor my longtime friend judy muller, and comedian and a host of the everybody calm down podcast and former writer of this show its jimmy failla nice to see you dressed up for the show. Napolitano all right danielle, what should the judge do should she show Judicial Independence and she and put him in First Six Months to show shows shes drugging the present lysates . She should do what she knows is the right thing i trust her to do that. I believe given nine years for that is too high. When i first heard about i thought it must be pretty agreed his conduct from stone with the resignations and withdraws were pretty much unheard of. By think she needs to do what she feels is right based on the facts and the evidence. Napolitano judy you have been know we wont get to the facts. [laughter] are you surprised that prosecutors became political and decided they hated the president , hated stone and ask for a sense that nowhere resembled the crime . I am shocked on look about gambling in this establishment. [laughter] i agree danielle the judges can do it shes going to do. I think the problem here, as usual and as bill barr had to point out that the interference of donald trump personally in this case. Light has exacerbated everything and thrown everything into chaos and disarray. I am shocked, shocked. But she will do what she has to do. Yes, i think in general, for a crime, of a firsttime offender with a severe recommendation. But as a person by intimidating up person by threatening to kill their kat. [laughter] napolitano what does the crowded carolines in the stand up say . [laughter] she owes me for this pitch tonight. On this show they are very anti kat, they advocate for that nine why are we talking about the chc because the threat to the witness was the threat to kill the witnesses cat. Does roger stone have the ability to do that . First about none of us knows the cat. I couldve been worse it couldve been a dog. Knife got the trump should pardon him right now get it over with. And i really mean that. Im not even kidding about this. The political theater of this arrest, with a swat team rating the home of a nonviolent offender, whitecollar criminal, who would otherwise have turned himself in times at a hundred, they showed up with the swat team and a camera crew. Napolitano probably said you had to call him on the phone im not immune assigned baileys and walk out of courtroom. Just trying to intimidate stone to turn on the president . An arrest like this . It clearly it was, and it did not succeed in anyone who does roger stone for it to vick succeeded it wouldve had the opposite effect. Napolitano should the president pardon stone . I dont think so but i think he will. Its part of a broader conversation about parting power and how it should be used. The politicization thing its a problem. Napolitano meanwhile the tweets about the roger stone trial had put attorney general bill barr in the hot seat. Multiple sources say he is hard to do his job and thinking about resignation. He said himself its hard to do his job. Spokesperson for the d. O. J. Is trying to pour cold water on the rumors. The attorney general has no plans to resign. But even trump admitted he made billy barrs job a hassle. Watch this. I do make his job harder, i really do. Hes a very straight shooter, we have a great attorney general, he is working very hard. Napolitano we are laughing but the honesty is just overwhelming. Does the president really need attorney general anyway, just a few months after he said that the president kind of took the title for himself watch this. I am allowed to be totally involved. Im actually, i guess the chief Law Enforcement officer of the country. But i have chosen to not be involved. Napolitano is all of this gossiper are the ags days are numbered. You are a good lawyer, a lawyer whose opinion we respect. Is there any problem with him saying he is the chief Law Enforcement officer of the land under the constitution . That is exactly what he is under the concert tuition. His commanderinchief of the military, we have branches of the government he is executive and part of the d. O. J. And the fbis apart. I think the differences theres interference or at least the appearance with friends or allies. It has to be at least the appearance has to be in equality under law which is very important. Napolitano s or judy, in my view, the greatest attorney general of my lifetime was the brother of the president. Dont you think they talked about these things . Dont you think jack said to bobby you can indict me . I think weve decided maybe you shouldnt appoint your brother as attorney general. Napolitano but some of you talk to express your opinions too. Yes, but not when it comes to the middle of the case which is exactly what happened here. Judge come as you know its a real problem once again is that bill barr believes in the president s expansive view of power. But he has even come as barr said hes made his job impossible so where is the breaking point for bill barr . I interviewed him before he was confirmed and i know he has when i just unawareness. Napolitano can roger stone get a fair trial . No not be have a fourth person who is tainted and biased. The actual behavior of the prosecutors, to me, despite what doug said earlier comes off as petty and personal. The idea they didnt get their way here because the judge hasnt ruled yet its not completely out the window. But to the ag bar point i think he really did seriously consider quitting and who wouldnt with this much book money flying around. Napolitano do you think attorney general statement to abc news, the constant tweeting makes it impossible for me to it do his job. Does he really mean a brush back pitch to the president is that whistled to the president . My sense of him is he really meant it, he was really telling people around him i think i am approaching a point where i just cant continue. He decided not to resign, i think that is also clear from the justice to sparkman spokesperson. There is a line for bill barr, and im just not sure when the president. Napolitano your intriguing me because i feel like you might know where that line is. Why does the lie untied left think about bar . They think he mumbled the Mueller Report it was truncated with the summary there was an executive summary. I think he should be in the camp of the american people. Napolitano do you think stone will be sentenced tomorrow and will get jail time . Or will she do the right thing and address the integrity of the trial first . I think shes going to sentence him. She has stated that astern tension. But the question is whether roger stone will ever spend a single day in jail or will the president immediately pardon him . Napolitano you think the pardons that came down yesterday setting the table for more controversy once in the future like it may be manner floor, flynn, and roger stone himself . Idea was a pardon party that was a politically motivated one that does exactly that and neutralizes that. Have your name pardon jokes two pardons walk into a bar. Napolitano thanks panel they are free to speak their minds and they are doing just that. The recipients of two high profile president ial pardons Rod Blagojevich and bernard characters speaking out belligerence on the justice system. Plus pardon me to it from julie in a stage the president of the United States promised him his freedom if you would do just one little thing. We will tell you what it is him with the white house is saying about it. Stay with us. As a struggling actor, i need all the breaks that i can get. At liberty butchumal cut. Liberty biberty cut. Well dub it. Liberty mutual customizes your Car Insurance so you only pay for what you need. Only pay for what you need. Liberty. Liberty. Liberty. Liberty. I am totally blind. And non24 can make me show up too early. Or too late. Or make me feel like im not really there. Talk to your doctor, and call 8442342424. Its either the assucertification process. Or it isnt. Its either testing an array of advanced safety systems. Or it isnt. Its either the peace of mind of a standard unlimited mileage warranty. 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Napolitano former governor tran five praising President Trump and calling himself a trump o kratt after spending his first night with his family after eight years in prison. Thanks to the pardon from the president. Rod blagojevich was charged with corruption charges for trying to sell, then president elect Barack Obamas vacated senate seat in 2008. Illinois House Republicans called Rod Blagojevich the face of corruption and showed no remorse for his crimes. Tonight on fox news he seems to agree with that. I broke no laws come across no lines. They use a standard to convict me that if it was applied to those congressman and every senator that same soul wouldve happened to them and again without a promissory threat, there is no crime there is no quid pro quo, there wasnt in my case and i appreciate the congressman are saying, that they ought to point those statements to the prosecutors and not the did this to me. Many of them of the same people are doing this a President Trump. Napolitano he is one of 11 to received clemency among others would be Bernard Kerik to his conviction 2010 on eight felonies including tax fraud and lying to white house officials. He seemed to take a different tact than Rod Blagojevich touting his works good works instead of redemption. The president have executive power president ial pardon. I think my total commitment to service, my 30 year career of heroism and meritorious service, my time fighting for criminal justice and reform, i think that is what the president considered in making this decision. Napolitano no question the president is acting within his constitutional powers in these cases. But was justice serve . The panel has returned danielle, judy, i have often said justice and mercy are the opposite. Justice is what you deserve . Mercies what you dont deserve. Is there a limit to the president s ability, judy, to exercise mercy . Even though shakespeare said the quality of mercy is not strange, i still believe that what the president s pardon show that whitecollar crime does pay and if you have enough celebrity friends, and people in the right places, you are not going to serve your full sentence as the system of justice recommended. Napolitano dear lefty buddies agreed that . I could call out the lefty buddies for bill clintons pardon of rich. If you have any integrity and say that would be wrong. Napolitano but when you say pardon is wrong, you dont mean honest constitutional or unlawful you think of morally inappropriate in my putting words in your mouth . I am an institutionalist and its their blackandwhite and the constitution pray there is a process which was not in the constitution was designed to make sure they are applied in a way that has makes people feel. [laughter] i do feel like 14 years would agree sounds egregious, youre talking about Rod Blagojevich . Yes. I know about prosecution because they Fashion Police want to give me life in jail for this jacket, they want to cemex the electric chair. I love it i love i have a friars rose going with the judge tonight. We will settle this on the radio tomorrow. This does seem a little this is the thing, the man on the street, this is an issue with the political talking heads care about very much as the roger stone case. But i want to say this, it does also kind of chip into that narrative that the president is fighting corruption because what Rod Blagojevich did in said this thing is gold. Napolitano judy cant the president pardon anyone he wants to as can dictate or been convicted of a federal crime . He can but should he do it. Napolitano politically or morally . Both politically it sends a terrible signal under equal justice under law. It undermines his own credibility. I dont think pardoning somebody like Rod Blagojevich because he is on the apprentice for a time or two. [inaudible] napolitano let me put a theory out there, do you think the president did these pardons now in order to set the table for three far more controversy a pardons after election day . Men afford, in general flynn common stone himself. We know the president is an avid consumer of news and public opinion. He i