Press secretary claims Trump tweet 'not witness intimidation' because it is 'not a trial'

[Demovictory9]

https://www.rawstory.com/2019/11/press-secretary-claims-trump-tweet-not-witness-intimidation-because-it-is-not-a-trial-but-president-says-it-is/

Press secretary claims Trump tweet ‘not witness intimidation’ because it is ‘not a trial’ — but president says it is


White House Press Secretary Stephanie Grisham says President Donald Trump did not engage in witness intimidation Friday morning when he, in real time, posted tweets attacking his former Ambassador to Ukraine, Marie Yovanovich, during her testimony before a House impeachment inquiry hearing. Trump is being accused by Democrats and Republicans alike of witness intimidation or witness tampering, with even Fox News anchors saying Trump’s tweets constitute an additional article of impeachment.

“The tweet was not witness intimidation, it was simply the President’s opinion, which he is entitled to,” Grisham said in a statement given to Fox News. “This is not a trial, it is a partisan political process – or to put it more accurately, a totally illegitimate, charade stacked against the President.”

(Grisham is wrong on all counts. Impeachment is embedded in the U.S. Constitution.)

And yet, an 18-page memo of talking points distributed Tuesday evening to House Republicans argues differently, charging Chairman Schiff “offered no due process protections for the President.”

President Donald Trump has claimed he is on “trial” and repeatedly – eight times, at least – complained he is not being afforded due process. A few examples:

[TruckFump]

1. She's dumber than a box of rocks. EOM

[TeamPooka]

17. No, she and Trump think his followers are though.

[SWBTATTReg]

2. BS. Witness haressment, plain and simple. In Stone's trial, judge told him to stiffle it w/ ...

the stupid tweets and such. Rump is under an impeachment threat...I'm sure his lawyers are not exactly loving what's he's doing on a real time basis, commenting on everything imaginable and / or possible.

[The Velveteen Ocelot]

3. It doesn't matter whether or not it's a trial.

The witness tampering statute, 18 U.S. Code § 1512 says, in part:

(b)Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to—

(1)influence, delay, or prevent the testimony of any person in an official proceeding....

shall be fined under this title or imprisoned not more than 20 years, or both.

Last I checked, a congressional hearing is an official proceeding.

[jberryhill]

6. Actually, there is a definitions section

https://www.law.cornell.edu/uscode/text/18/1515#a_1

(a) As used in sections 1512 and 1513 of this title and in this section—

(1) the term “official proceeding” means—

(A) a proceeding before a judge or court of the United States, a United States magistrate judge, a bankruptcy judge, a judge of the United States Tax Court, a special trial judge of the Tax Court, a judge of the United States Court of Federal Claims, or a Federal grand jury;

(B) a proceeding before the Congress;

(C) a proceeding before a Federal Government agency which is authorized by law; or

(D) a proceeding involving the business of insurance whose activities affect interstate commerce before any insurance regulatory official or agency or any agent or examiner appointed by such official or agency to examine the affairs of any person engaged in the business of insurance whose activities affect interstate commerce;

[Hermit-The-Prog]

10. could be argued that (C) also applies

Just in case certain members of Congress try to argue that a mere committee is not Congress, it could be argued that said committee is "a Federal Government agency which is authorized by law".

[jberryhill]

12. Although...

Since she was testifying at the time, she could have been reasonably understood not to have been aware of the tweet until Schiff read it to her.

One could say that the tweet was intended to be conveyed to her at some later point in time either today or in anticipation of some additional future testimony, but you still would have to address whether the tweet during her testimony can be understood to have influenced her testimony right then and there.

[The Velveteen Ocelot]

13. I thought of that, but she was in the middle of her testimony,

and even if Schiff hadn't read the tweet to her at the time, there was a break shortly after Trump tweeted and she could have seen it or been told about it during the break. This could have affected her subsequent testimony. I assume attempted witness tampering is a crime just as much as the completed crime.

[jberryhill]

20. Ah, but the new Fox News Rule on attempts applies!

Lol.

[The Velveteen Ocelot]

22. The shoe bomber and the underwear bombers didn't succeed

in blowing up any airplanes, so why are they now in prison?

[onenote]

14. It also could be viewed as an attempt to intimidate future witnesses

who would feel threatened about how they might be attacked if they testify.

[StarfishSaver]

19. Whether or not it was targeted at her, it was surely likely to influence potential future witnesses

[jberryhill]

21. Also a good point

[elleng]

4. and, for the same reason, it's not HEARSAY!!!!!

[jberryhill]

5. More Dumbfuckery

Witness intimidation is not limited to trials. Good golly.

[Mr. Ected]

8. Only matters that the FOX crowd accepts it as gospel

That's the only audience the GOP is playing to at the moment.

Oddly, though, I know lawyers who are Republicans who seem to also accept this alternative version of the law when applied to their politicians. There must be a firewall embedded in their brains that allows this sort of delusion.

[onenote]

18. Moreover the proceeding that the intimidation impacts doesn't have to be pending at the time

And, in further reference to Grisham's characterization of Trump's statement as his "opinion" -- "state of mind" is irrelevant under the intimidation statute.

[D_Master81]

7. Not a trial huh?

Then stop complaining about “due process”

[beachbumbob]

9. Pelosi can say it is and add to the upcoming articles of impeachment

Trump keep digging his own demise in the history books

[BumRushDaShow]

11. I thought he wasn't "watching"?

[struggle4progress]

15. Honky tonk women

[StarfishSaver]

16. Of course it's witness intimidation. But now you've admitted the whining about "due process" is bs

Y'all aren't exactly strategic geniuses, are you?

[sakabatou]

23. Just heard from a Trumper that Trump was just "talking shit"

[Demovictory9]

24. "trump just being trump" ... like he's some 4 year old that gets a pass