Jury Tampering? A term Republicans should acquaint themselves with before the Senate trial.

[kentuck]

https://definitions.uslegal.com/j/jury-tampering/

<snip>
Jury Tampering Law and Legal Definition

Jury tampering is the crime of attempting to influence a jury through other means than the evidence presented in court, such as conversations about the case outside the court, offering bribes, making threats or asking acquaintances to interfere with a juror.

A person commits the crime of jury tampering if, with intent to influence a juror's vote, opinion, decision or other action in the case, he attempts directly or indirectly to communicate with a juror other than as part of the proceedings in the trial of the case. Jury tampering may be committed by conducting conversations about the case outside the court, offering bribes, making threats or asking acquaintances to communicate with a juror.

A juror includes any person who is a member of any jury, including a grand jury, impaneled by any court or by any public servant authorized by law to impanel a jury. The term juror also includes any person who has been summoned or whose name has been drawn to attend as a prospective juror.

<snip>
The following is an example of a state statute dealing with jury tampering:

"A person commits jury tampering if, with intent to influence a juror's vote, opinion, decision or other action in a case, such person directly or indirectly, communicates with a juror other than as part of the normal proceedings of the case."

[The Velveteen Ocelot]

1. That doesn't apply to an impeachment trial.

The Senate makes its own rules, and the federal court rules of civil and criminal procedure aren't relevant. The Senate is the jury, so it can't very well tamper with itself.

[unblock]

3. well more to the point, senators can be open for business in allowing themselves to be influenced

and it wouldn't be "tampering".

it might be otherwise illegal, such as under bribery laws, but you are correct, it's not "tampering" because that doesn't apply to impeachment proceedings.

but generally, they can wheel and deal and raise funds to the same extent they can with any other vote.

[Historic NY]

2. Actually its the Senators that are the jury...

Sen. Johnson is already spoiled and needs to recuse himself.

U.S. Code § 1512. Tampering with a witness, victim, or an informant

[link:https://www.law.cornell.edu/uscode/text/18/1512|]

(b) Whoever 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—
(1) influence, delay, or prevent the testimony of any person in an official proceeding;
(2) cause or induce any person to—
(A) withhold testimony, or withhold a record, document, or other object, from an official proceeding;
(B) alter, destroy, mutilate, or conceal an object with intent to impair the object’s integrity or availability for use in an official proceeding;
(C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or
(D) be absent from an official proceeding to which such person has been summoned by legal process; or
(3) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation [1] supervised release,, parole, or release pending judicial proceedings;
shall be fined under this title or imprisoned not more than 20 years, or both.

[The Velveteen Ocelot]

4. There is nothing in the Senate rules providing for the recusal or removal of

Senators in an impeachment trial, or relating to witness tampering or intimidation. https://www.law.cornell.edu/background/impeach/senaterules.pdf The statute you cite is part of the chapter on federal criminal trials, which an impeachment trial is not. It's its own thing. It's not a normal trial and the Senate isn't a normal jury. Senators can be called as witnesses, though, and can submit written questions to be asked of witnesses or offer motions and orders, things that jurors in regular court trials can't do.

XVIII. If a Senator is called as a witness, he shall be sworn, and give his testimony standing in his place.
XIX. If a Senator wishes a question to be put to a witness, or to a manager, or to counsel of the person impeached, or to offer a motion or order (except a motion to adjourn), it shall be reduced to writing, and put by the Presiding Officer. The parties or their counsel may interpose objections to witnesses answering questions propounded at the request of any Senator and the merits of any such objection may be argued by the parties or their
counsel. Ruling on any such objection shall be made as provided in Rule VII. It shall not be in order for any Senator to engage in colloquy.

[kentuck]

5. Thanks!

But can the President tamper with a jury? (the Senate)

[The Velveteen Ocelot]

6. I imagine that a Senator could introduce a written motion

pursuant to the Senate's rules if he/she has evidence that the president has attempted to tamper with the "jury" by trying to intimidate or influence Senators in a fashion beyond acceptable political comments (e.g., threats of some kind), or a Senator could be called as a witness to testify to having been harassed or threatened. I don't know whether articles of impeachment can be amended in the middle of an impeachment trial, but that would be yet another instance of obstruction of justice.

[kentuck]

7. Interesting.

[kentuck]

8. ?? And today Trump announces huge donations to Republican candidates in tight races ??

It may be legal but it sure doesn't look good. For either side.