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There was no witness tampering in the 1/6 hearings
Posted on: August 31, 2022 at 10:15:02 CT
Spanky KU
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Educate yourself
The terms of the federal witness tampering statute are strict. They apply to those who “corruptly” try to persuade someone to withhold testimony or decline to appear in an “official proceeding.” The requirement that a defendant must have “corruptly” intended to influence the witness’s testimony is necessary to protect otherwise innocent conduct, such as counseling a sick relative to stay home instead of appearing in court, or advising a client that a subpoena is probably defective.
Moreover, a witness’s own interpretation of ambiguous circumstances — “I felt intimidated” — is not conclusive unless there is additional proof of actual intent. Although intent can be inferred from the surrounding circumstances, an unanswered telephone call gives prosecutors precious little to work with despite the implication that Trump was up to no good.
The terms of the federal witness tampering statute are strict. They apply to those who “corruptly” try to persuade someone to withhold testimony or decline to appear in an “official proceeding.” The requirement that a defendant must have “corruptly” intended to influence the witness’s testimony is necessary to protect otherwise innocent conduct, such as counseling a sick relative to stay home instead of appearing in court, or advising a client that a subpoena is probably defective.
Moreover, a witness’s own interpretation of ambiguous circumstances — “I felt intimidated” — is not conclusive unless there is additional proof of actual intent. Although intent can be inferred from the surrounding circumstances, an unanswered telephone call gives prosecutors precious little to work with despite the implication that Trump was up to no good.
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There was no witness tampering in the 1/6 hearings - Spanky KU - 8/31 10:15:02