Roger Stone: Justice Department wants shorter sentence for disgraced Trump aide after president complained

The move comes after a late-night tweet from the president calling the initial sentencing recommendation 'a horrible and very unfair situation'

Roger Stone is due to be sentenced soon (AP)

The Justice Department is backing off its initial recommendation that disgraced Trump adviser Roger Stone be sentenced to up to nine years in prison, according to a senior official, hours after a late-night tweet from the president objecting to the possibility of such a long sentence.

He wrote: “This is a horrible and very unfair situation. The real crimes were on the other side, as nothing happens to them. Cannot allow this miscarriage of justice!”

The move contradicts Monday’s sentencing recommendation by prosecutors from the US Attorney’s office, who are Justice Department employees.

Stone is being sentenced following his conviction last year on seven charges arising from special counsel Robert Mueller's investigation. They include lying to Congress and witness tampering.

However, it emerged on Tuesday that the sentencing recommendation, while signed off by the office's top prosecutor, had not been seen by Justice Department leadership.

Speaking to CNN, the senior official said: “The Department was shocked to see the sentencing recommendation.”

The proposed sentence is seen as “extreme and excessive and is grossly disproportionate to Stone's offences”.

Stone's attorneys argued that a sentence of between 15 and 21 months would be appropriate, and they await a new recommendation to be filed later on Tuesday.

The initial sentencing filing came after a tense debate within the US attorney's office about the appropriate prison term for the sixth Trump associate convicted and the last person indicted in the Mueller investigation.

Prosecutors, including some previously with Mr Mueller’s team, had argued for a higher sentence than some of their supervisors were comfortable with, according to two people familiar with the discussions.

A recommendation on the higher end prevailed, with prosecutors' filings citing federal sentencing guidelines that ratchet up in cases involving obstruction that impedes the administration of justice.

The filing said the recommended sentence of up to nine years is “consistent with the applicable advisory guidelines and would accurately reflect the seriousness of his crimes and promote respect for the law”, prosecutors Jonathan Kravis, Michael Marando, Adam Jed and Aaron Zelinsky wrote in the 22-page filing.

Amy Berman Jackson, the presiding judge, will sentence Stone on 20 February and has final say on the amount of time he will serve. It is uncertain what impact the initial and revised recommendations may have on her decision.