Does Trump Face Legal Risks Just for Attending the Convention?

AP Photo/Rebecca Blackwell

The title question is one being asked by Politico this week. The Republican National Convention in Milwaukee is fast approaching and Donald Trump is expected to appear and accept the party's nomination for the presidency officially. This should all just be business as usual, but Politico suggests that it might not be. Their reason (such as it is) is that there will be many other prominent Republican officials and stakeholders there as well. That crowd will almost certainly include dozens of potential witnesses in his pending lawfare trials and even some defendants facing political prosecutions of their own, such as the alternate electors that were named in some states following the 2020 election. The theory here is that Trump is obligated to avoid communicating with those individuals to avoid possible claims of witness tampering or intimidation. This sounds like a stretch of the imagination at best.

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Donald Trump will be rubbing elbows in Milwaukee with a crowd that may include dozens of witnesses and alleged co-conspirators in his criminal cases — people he has sworn not to communicate with about details of the charges against him.

Avoiding them may not be possible for the former president during the four-day convention, creating an unusual dynamic, and a potential legal liability for Trump, against the backdrop of a national nominating convention.

“If I were a Trump attorney, my biggest fear might be that Trump finds himself in close quarters with a defendant and starts running his mouth off,” said Anthony Kreis, a law professor at Georgia State University.

In addition to the alternate electors from Arizona, Nevada, and Georgia, some of Trump's former White House aides who testified to grand juries in Washington and Florida are expected to attend. Even Politico admits that "it’s hard to gauge the likelihood" that simply speaking to someone at a convention could result in criminal charges such as witness tampering. That's putting it mildly. But then again, this is Donald Trump we're talking about. His political adversaries have already proven repeatedly they are willing to drag him into court over anything they can dream up and throw the kitchen sink at him in the hopes that something will eventually stick.

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Those efforts haven't panned out very well for Joe Biden's minions in the Democratic Party thus far. The Supreme Court has shot holes in most of their hopes of throwing Trump in Jail and even the classified documents case in Florida has been placed on an extended hold. But that won't dim the hopes and dreams of the liberals. They are watching Joe Biden collapse in the polls even as Donald Trump continues to rise and they are growing more desperate by the day. If someone can snap a picture of Trump chatting with one of his codefendants in Milwaukee, it would not be unthinkable for Alvin Bragg to try to use that as an excuse to drag Trump into court yet again and give it another try.

Of course, none of these questions should even be on the table to begin with. We're talking about the RNC here. Obviously the nominee will have to be there and most of the other witnesses and aides being mentioned would be on the invitation list by default. Donald Trump was not ordered by the courts to avoid any contact or communication with those people. He was only forbidden from discussing matters of substance related to the criminal trials. In order to move against him, the courts would need to be able to prove what specific conversations were had. That should be impossible if the conversations were held in private unless someone decided to rat him out. As for anything Trump says during his public remarks, those speeches will be on the record and it's doubtful that he would be foolish enough to violate a court order in front of a massive audience. This entire scenario is completely speculative and probably just represents the wishful thinking of desperate Democrats.

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