Opinion | Glenn Kirschner: Ahead of Michael Cohen testimony, Trump ally Matt Gaetz's tweet sure looked like witness tampering - NBCNewsTHINK
And yet, it would be a challenge for even the most creative defense attorney to argue that the message does not in fact constitute witness tampering in some form. First, federal law specifically includes Congressional hearings as the kind of official proceeding covered by the witness tampering statute. Second, Michael Cohen is plainly a witness set to testify in that official proceeding.
As a career prosecutor, I have encountered almost every variation on these kinds of communications. Whether attempting to impact a witness’s testimony or, more generally, attempting to influence the witness’s willingness to participate in the criminal justice process.“Don’t forget, Michael Cohen has already been convicted of perjury and fraud, and as recently as this week, the Wall Street Journal has suggested that he may have stolen tens of thousands of dollars....
The fact that Gaetz’s intimidating tweet was public, as opposed to caught on a covert recording, does not detract from its potentially criminal nature. If you communicate a threat openly and publicly, it’s still a threat. It’s just a more confusingly stupid one. Interfering with the truthful testimony of a witness is a crime designed to subvert one of the pillars of a civilized society: fair judicial, congressional and other official proceedings. If we are unable to fully and fairly litigate issues in these sorts of arenas, we simply cannot govern ourselves effectively.
While Gaetz might sound like a character out of “The Sopranos,” this is a serious problem. Witnesses often endure extreme hardships and personal upheaval in their lives. This is particularly true when their testimony involves possible crimes by the president of the United States of America and his allies. When political discourse crosses a line and becomes a criminal communication, it cannot just be shrugged off.
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