Roger Stone and the DOJ are preventing in court over a clip from ‘The Godfather Section II’

Roger Stone and the DOJ are preventing in court over a clip from ‘The Godfather Section II’

Frank Pentangeli testifies in the movie “Godfather II.”

Source: Alfran Productions & Paramount Shots

Longtime Republican strategist and primitive Trump campaign e book Roger Stone needs a clip from “The Godfather Section II” to sleep with the fishes — at least throughout his upcoming trial.

The conservative provocateur and the Department of Justice be pleased been sparring for a month over whether jurors could even be proven a four-minute-and-20-2nd clip from the film.

The video presentations Corleone family mob leader Frank Pentangeli mendacity to Congress — and leaving at the assist of his plans to incriminate Michael Corleone — throughout a dramatic hearing in which Corleone makes an appearance in the target audience.

“I device not know nothing about that,” Pentangeli says in step with a inquire about Corleone’s connections to organized crime. “Oh — I used to be in the olive oil industry with his father but that used to be a actually very long time ago.”

“I stored saying Michael Corleone did this, Michael Corleone did that, so I talked about, yeah, certain,” Pentangeli says, downplaying his earlier comments, in which he accused Corleone of crimes.

Stone, who used to be indicted in January on charges collectively with notion tampering, says the clip will create him out to be a “murderous mafioso.” The Justice Department calls the video “straight relevant to the price.”

The Justice Department charged Stone in January with obstruction, unfaithful statements and test tampering in a 24-page indictment that cites the 1974 crime drama.

“On loads of times,” the indictment says, Stone told affiliate Randy Credico to “end a ‘Frank Pentangeli’ sooner than [the House intelligence committee] in expose to keep far from contradicting” him.

At some point in 2017, the indictment alleges, Stone additionally told Credico: “Whenever you occur to testify you are a fool. […] I guarantee you you is at risk of be the one who gets indicted for perjury have to you are tedious ample to testify.”

In July, the Justice Department requested Narrate Amy Berman Jackson to remark jurors the clip in expose to remark “what Stone supposed to keep in touch.”

The authorities’s transient, filed in U.S. District Court docket in Washington, cites an email from Stone to Credico in 2018 in which Stone mimics Pentangeli’s language from the scene.

“‘Obvious I know Roger Stone. he used to be in the Olive Oil industry with my father. Nevertheless that used to be a long very long time ago. So I told them Roger Stone this, Roger Stone that. You should always level-headed end Pantagela [SIC] on Erin Burnett,” the email talked about, based on the Justice Department. Burnett is an anchor on CNN.

In response, Stone’s attorneys filed a transient Aug. 9 in which they argued that exhibiting the clip will “all of a sudden produce a connection in the minds of the jurors that Stone is in some way related to a murderous mafioso.”

Federal courts allow evidence to be excluded whether it is at risk of lie to or confuse the jury.

“Once the door is opened with a movie clip, which no question will accompany an clarification of why it is being performed, the trial detours to a Mafia trial and Stone’s connection to it, with all of its history and folklore,” attorney Bruce Rogow wrote in the transient.

“A fictional demonstration of Mafia intimidation does so significant more than the authorities’s purported clarification of context, seeks to introduce. Its introduction is gross to a objective trial. Nevertheless introduction of the movie does more,” Rogow wrote.

He wrote that exhibiting the clip would additionally implicate Credico, a conservative comic and activist, by suggesting he used to be an “organized crime choose” cherish Pentangeli, who “understood the threats in the identical technique as the fictional personality in the movie understood it.”

“As hostile to the message which used to be a amusing fable between buddies, or an supply to apply [Credico’s] attorney’s advice and dwell restful. It implies that Stone kidnapped [Credico’s] brother (if he has one) and stored him hostage. It implies that [Credico] is in a notion protection program cherish Pentangeli, who has to reside at an Military barracks thanks to the risk to Pentangeli’s security,” Rogow wrote. “It makes Roger Stone the Michael Corleone personality in this analogy — an iconic violent godfather of the Mafia.”

In step with a quiz for teach, Rogow talked about in an email: “The filings remark for themselves.”

The fight continued on Friday, when the Justice Department spoke back to Stone’s transient by arguing that the authorities “would not intend to advocate that Stone is an organized crime choose.”

Jessie Liu, the U.S. Felony legitimate for the District of Columbia, eminent that Jackson could also warn jurors that “the clip have to level-headed not be taken to advocate that Stone is in the mafia” or “deliberate a waste.”

“The movie clip itself powerfully illustrates every the clarity of the references to the scene in Stone’s messages and the glaring parallels between the congressional investigation depicted in the film and the congressional investigation that gave upward push to [Credico’s] subpoena,” Liu wrote in the five-page transient.

— CNBC’s Dan Mangan and Kevin Breuninger contributed to this document.