WASHINGTON — The surprise January 6 Committee hearing last month involving former White House staffer Cassidy Hutchinson ended with committee members introducing what they said were messages witnesses received cautioning them in their testimony, leading to speculation over possible witness tampering in the investigation.
THE QUESTION:
Is witness tampering in a Congressional investigation against the law?
THE SOURCES:
THE ANSWER:
Yes, but whether or not charges actually come is up to the Department of Justice.
WHAT WE FOUND:
We cannot independently verify if someone attempted or was able to keep people from talking to the January 6 Committee, or change their testimony in any way — but at the end of the last hearing, Congresswoman Liz Cheney shared examples of what she described as attempts to influence witnesses.
Congressional investigations are not criminal investigations—but they are federal proceedings.
We looked at the section of U.S. Code that addresses “tampering with a witness, victim, or an informant.”
It says it’s against the law to knowingly mislead or use force, threats, intimidation or coercion to alter or attempt to wrongfully influence someone’s testimony in an ongoing federal proceeding.
This Congressional Research Service report lists “tampering with a federal witness” at the top of the list for Federal Criminal Laws that can obstruct Congress.
However, Congress can’t bring charges on its own. In an earlier VERIFY interview, Stanford Law School’s David Sklansky explained how it would ultimately be up to the Department of Justice. The most Congress could do is make a criminal referral to the DOJ.
"Congress doesn't have any ability to force the Department of Justice to consider a particular criminal charge, let alone the power to require the Department of Justice to pursue," said Sklansky.