Stone’s lawyers said in their filing that U.S. District Judge Amy Berman Jackson “largely failed to address the evidence that Stone provided that demonstrates that he is at considerable risk from serious health consequences, including death, if his surrender date is not extended until September 3.”
The lawyers, Seth Ginsberg and David Schoen, asked the appeals court to decide before July 13, or to put Jackson’s order on hold until the appeals court has ruled on Stone’s surrender date.
Stone is appealing his November conviction and 40-month prison sentence on charges of lying and witness tampering in a congressional investigation.
Prosecutors did not oppose Stone’s initial request for the delay, saying the Justice Department’s policy during the pandemic has been to grant up to a 60-day extension upon defendants’ request “without respect to age, health, or other COVID-19 risk factors.”
In late June, the judge agreed to a two-week extension, but not the two months Stone had requested because of his age and medical conditions detailed in sealed filings.
Jackson’s order came days after a federal prosecutor testified in a congressional hearing that top Justice Department officials had pressured government lawyers to give the longtime Trump adviser “a break” in his sentencing.
Stone’s appeal of his conviction is unlikely to be resolved before the fall, and Trump has strongly suggested that he will pardon Stone.
Spencer S. Hsu contributed to this report.