Professor Ciara Torres-Spelliscy weighs in as expert for Vox poll
By Sean Illing
Vox
Nov. 15, 2019
Excerpt
Trump has a habit of blasting critics on Twitter. But some observers — including some loyal to the president — said this tweet was, at best, a very bad idea.
But did this tweet really cross a legal line into witness tampering?
I put this question to seven legal experts. Their responses, edited for clarity and length, are below.
Ciara Torres-Spelliscy, law professor, Stetson University College of Law
According to the Department of Justice, intimidation of witnesses testifying before Congress is a crime under 18 U.S.C. § 1515(a)(1). However, in this case it is the president who is allegedly doing the witness intimidation and an OLC opinion (see Indicting a President Is Not Foreclosed: The Complex History – Lawfare) states that a sitting president cannot be indicted.
Just as Trump cannot be indicted for campaign finance crimes while president such as those involving Michael Cohen, he similarly could not be indicted for witness intimidation including his tweets this morning either while he is still in office. But accountability can come in different forms. The House of Representatives could add witness intimidation as a separate article of impeachment. Also, once Trump is an ex-president, federal prosecutors could charge him with witness intimidation if they chose.
The complete article was originally published on the Vox website on Nov. 15, 2019, with the headline, “Did Trump just commit witness tampering? I asked 7 legal experts.”
Post date: Dec. 16, 2019
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