On Episode 33 of War Room: Impeachment, host Jason Miller asks guest David Rivkin, constitutional lawyer and author of highly influential articles on impeachment, most recently ‘Schiff’s Obstruction Theory’, if President Trump’s tweets during Ambassador Marie Yovanovitch’s public hearing constituted witness intimidation:
….They call it “serving at the pleasure of the President.” The U.S. now has a very strong and powerful foreign policy, much different than proceeding administrations. It is called, quite simply, America First! With all of that, however, I have done FAR more for Ukraine than O.
— Donald J. Trump (@realDonaldTrump) November 15, 2019
Miller remarks: “The president’s tweet during Ambassador Yovanovitch’s testimony, which she’s already there, she’s testifying and the president defends himself with a tweet about Yovanovitch’s muddled record in foreign service. Let’s go right to the Adam Schiff question. Was this witness intimidation, and is this going to hold any water as Democrats continue to freak out?”
Rivkin responds with a resounding no: “Of course not. […] You can read this tweet 100 times. There’s absolutely nothing intimidating about it. It doesn’t contain even a hint of any physical or other kind of danger […] That’s ridiculous.”
He continues: “The definition of intimidation is a kind of message that a person of reasonable intelligence would construe as threatening” adding “we’re basically in a world where Adam Schiff would say that if [someone] says you’re a bad person, that’s supposed to be intimidating.”