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President Trump engaged in a brazen effort to publicly attack and intimidate witnesses who came forward to comply with duly authorized subpoenas and testify about his conduct, raising grave concerns about potential violations of the federal obstruction statute and other criminal laws intended to protect witnesses appearing before Congressional proceedings. President Trump issued threats, openly discussed possible retaliation, made insinuations about witnesses’ character and patriotism, and subjected them to mockery and derision. The President’s attacks were broadcast to millions of Americans—including witnesses’ families, friends, and coworkers—and his actions drew criticism from across the political spectrum, including from his own Republican supporters.

It is a federal crime to intimidate or seek to intimidate any witness appearing before Congress. This statute applies to all citizens, including federal officials. Violations of this law can carry a criminal sentence of up to 20 years in prison.

This campaign of intimidation risks discouraging witnesses from coming forward voluntarily, complying with mandatory subpoenas for documents and testimony, and disclosing evidence that may support consideration of articles of impeachment.

As discussed above, President Trump removed Marie Yovanovitch as the U.S. Ambassador to Ukraine in May 2019 following a concerted effort by Rudy Giuliani, his associates Lev Parnas and Igor Fruman, and others to spread false conspiracy theories about her. The smearing of the Ambassador was part of the larger campaign undertaken by Mr. Giuliani at President Trump’s direction and in his capacity as President Trump’s representative. During her deposition on October 11, Ambassador Yovanovitch explained that she felt threatened and “very concerned” after she read President Trump’s statements about her during his July 25 call with President Zelensky, including President Trump’s claim that “she’s going to go through some things.”401

On November 15, Ambassador Yovanovitch testified at a public hearing that she was “shocked” and “devastated” by the President’s statements about her:


 * I was shocked and devastated that I would feature in a phone call between two heads of state in such a manner, where President Trump said that I was bad news to another world