Articles

Arizona Criminal Defense Attorney

Did President Trump Commit a Federal Crime?

President Trump made headlines yet again for a tweet. Despite how common that sentence is nowadays, this particular tweet made headlines due to its criminal law implications. My good friend and colleague Nick Verderame (https://plattner-verderame.com/attorneys/nick-verderame/) asked me if the President committed a crime. What did President Trump say? See for yourself:

Yes, that’s President Trump implying there may be recordings of conversations he had with the Former FBI Director. You know, the one President Trump recently fired. The reasons behind said firing are not pertinent to whether a crime occurred, so I won’t discuss them.

To determine whether that tweet could lead to criminal charges we need to examine 18 U.S. Code § 1512. This section of the Federal Code deals with “Tampering with a witness, victim, or an informant.” There are a few different ways to violate this section, and I will only look at the ones that apply (President Trump hasn’t killed anyone, so it doesn’t make sense to discuss that subsection).

First, anyone who 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 influence, delay, or prevent the testimony of any person in an official proceeding has committed the crime. If convicted, President Trump could a receive a fine, be imprisoned for not more than 20 years, or both. It definitely seems like President Trump has run afoul of this section. At the very least, his tweet appears to be an attempt to prevent former Director Comey from testifying. I see two issues with that: 1) It’s going to be hard to prove that it was actually the President who sent that tweet. Yes, I know that sounds absurd given who he is, but it’s still on the Government to prove it. 2) The President has an affirmative defense. If he can prove by a preponderance of the evidence, that the conduct consisted solely of lawful conduct and that his sole intention was to encourage, induce, or cause the other person to testify truthfully then no crime occurred. This is probably his strongest argument. There is nothing illegal about sending out a tweet. Further, one can argue that his tweet was simply meant to encourage Director Comey to tell the truth, because if he lies, there are “tapes” to contradict him.

Second, causing or inducing a person to withhold testimony, or withhold a record, document, or other object, from an official proceeding is also a violation of the law. The same possible sentence as above applies. Does the President’s tweet meet the criteria? It would seem so at first glance, however, the crime itself is not complete. Former Director Comey, as of this writing, has not refused to testify before Congress. Most reports indicate he is not only willing to testify but will only do so in public.

Finally, whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from attending or testifying in an official proceeding or attempts to do so, shall be fined under this title or imprisoned not more than 3 years, or both. This subsection carries a less onerous penalty, but it is still a crime. I think the Government runs into the same issues as above. Namely, can it prove it was actually the President who sent that tweet, and can the President show his only intention was to encourage Director Comey to tell the truth.

Given the issues, this is not a good case for the Government to bring. This is also an example of how smart individuals can be quick to condemn something as criminal without understanding the nuance of the law. This is why it is always important to discuss legal issues with a qualified attorney. If you are accused of or charged with intimidating or tampering with a witness, you should consult an attorney immediately. The Nava Law Firm offers free consultations, and we are available to take your call 24/7.

As seen on...
Fox10
AZ Central
Phoenix New Times
ABC15
AZ Mirror

Reviews

Clients Share Life-Altering Experiences

Google
Sundiata A.
5 Star Review

I was facing eight years in prison due to serious felony charges when I engaged Nava to represent my case. He successfully secured a resolution that left me with no felonies and no convictions on my record. Read More

Google
Jack B.
5 Star Review

Mr. Nava called me back within minutes of me scheduling a consultation through Vivica. Very knowledgable and straight to the point, and helped put my mind at ease as well as prepare me for any possible next steps. Read More

Google
Liddle M.

Ian Cobb at Nava Law was excellent to work with! Informative and knowledgeable is important for me and he checked both boxes. Hiring an attorney is always a wonder if they have your best interest at hand and I felt I was realistically kept in the know about my case and given all my options clearly. Read More

Google
Carletta L.

AMAZING Law Firm I trust tremendously. Wouldn't go anywhere else! My family and I love the Nava Law Firm. They're honest, kind, respectful, caring, and passionate about what they do! They're the best of the best! Thanks for all you do. Read More

Google
Emy M.

Love this man !!! He ate . Super grateful , he is an amazing lawyer , knows exactly what he is talking about , sounds so sharp and pristine in court , saved my life in a way . God bless this man !! 100000 star

Google
Kelsey S.

Probably the best service and chivalry I have received from any lawyer! Even after my case ended, I still reach out for advice and Nava Law Firm assisted without hesitation. They really do care for you and your well being as a person.

SCHEDULE YOUR FREE CONSULTATION

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Legal Disclaimer:

The information you obtain at this site is not, nor is it intended to be, legal advice. Many factors contribute to providing legal advice, including the specific facts of a situation. You should consult an attorney for advice regarding your individual situation. The Nava Law Firm, PLLC is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.