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In reply to the discussion: MSNBC right now: Kavanaugh texted friends... [View all]Samspadesnark
(75 posts)You do not tell anyone what to tell the FBI. Ever. That is, if you want to be believed by the FBI when it comes your turn to be questioned by them. And to do it in text, leaving a permanent record? Now, to see whether he is lying about trying to influence a witness, the FBI can seize his cell phone and God only knows what they would find there. One thing leads to another.
While it's true that witness tampering must involve intimidation or physical force, at least one witness in this situation (Dr. Ford) has already received death threats. Thus, any pressure exerted by Kavanaugh might be taken more seriously. Moreover, the question at this point is not whether Kavanaugh has committed the crime of witness tampering; it is whether the FBI will believe everything/anything he says. If I were Kavanaugh, I'd want the FBI to believe me 100 percent . . . . because if Kavanaugh is found NOT credible by the FBI, while simultaneously telling other people what to say to the FBI, he may set himself up for obstruction of justice charges.
Legal Definition of obstruction of justice:
The crime or act of willfully interfering with the process of justice and law especially by influencing, threatening, harming, or impeding a witness, potential witness, juror, or judicial or legal officer or by furnishing false information in or otherwise impeding an investigation or legal process
the defendant's obstruction of justice led to a more severe sentence
Kavanaugh is literally giving the FBI the middle finger at this point, the dumbest thing he could do. If the FBI doesn't believe that he is truthful, they could opine that other things in his sworn application papers are not true and then open this investigation up to include a lot more than just the sexual harassment allegations made by women against him. The worst sword on which he could fall would be lies about his finances. If that happened, he's really toast.