Highly decorated LTC Alexander Vindman, serving as the Director of the National Security Council, was among those routinely listening to the now notorious call where Donald Trump tried to extort the President of Ukraine into announcing that his country was investigating the Biden family. Put simply, Trump tried to bribe, extort, threaten, bully a foreign leader into meddling in our election for his benefit.
Concerned that President Trump’s actions were potentially illegal and put national security at risk, LTC Vindman reported the content of the call through official channels at the NSC. That report didn’t go anywhere until another whistleblower (not Vindman) filed a complaint that reached the House and Senate Intelligence Committees. That led to the Pelosi announcing an impeachment inquiry and LTC Vindman was subpoenaed to testify. He did so truthfully, professionally and accurately.
In a lawsuit filed yesterday against Trump Junior, Giuliani, Julia Hahn and Daniel Scavino Vindman claims that his testimony was the target of a concerted conspiracy to intimidate him, and then retaliate against him for doing his duties. From the lawsuit.
“Lt. Col. Vindman immediately became the target of a dangerous campaign of witness intimidation by PresidentTrump and a group of conspirators. The conspirators agreed on common, unlawful objectives — to deter Lt. Col. Vindman from testifying in the future and to retaliate against him after he did so . . . Defendants employed the play book with an agreed-upon unlawful purpose — in essence, witness intimidation and obstruction of justice. That purpose was made explicit from the start when President Trump promised ‘big consequences for anyone who cooperated in the proceedings against him . . . While in some instances the playbook was deployed to advance only political goals, in this case it was to advance an unlawful purpose of witness intimidation and obstruction of justice.”
Vindman argues this witness intimidation creates a private cause for civil action on his behalf under Ku Klux Klan Act at 42 U.S.C. 1985. That act creates this civil cause of action against anyone who conspires to intimidate any public official or officer from doing his duties. Vindman’s case is simple. He argues he was duty bound to be a witness and testify and the above listed people conspired to intimidate him, and retaliated against him, in regards to that duty.
This lawsuit is a not so subtle gauntlet thrown down in the direction of Merrick Garland and the Department of Justice. Witness intimidation against a Federal officer does not merely create a basis for a lawsuit. It is also the Federal crime of witness tampering pursuant to 18 U.S.C. § 1512. This potential criminal prosecution has not been forthcoming. Thus LTC Vindman is compelled to seek to protect his rights and interests as his own government failed to do, as our Department of Justice has failed to do and as Merrick Garland has failed to do.
Vindman’s lawsuit should be viewed as public notice that Garland’s Department of Justice has failed to do its job. Now Vindman will attempt to do the DOJ’s job as best he legally can, which is nowhere near as good. LTC Vindman served honorably and bravely, earning a Purple Heart. He deserves better.
The potential targets for a well justified criminal prosecution is wide ranging. The lawsuit alleges that Trump, Trump Junior, Giuliani, the other defendants, Fox News and in particular Laura Ingraham, Senator Marsha Blackburn, and other not named conspirators, engaged in a coordinated conspiracy of witness intimidation against Vindman.
A real question arises as to why so many of these people are not included in Vindman’s lawsuit, in particular Former President Trump. Trump dominates the discussion and allegations, but he is not named in the lawsuit as a defendant. I suspect that Vindman’s attorneys were concerned that Trump’s unique Constitutional status as Commander in Chief might be interpreted as allowing Trump to do pretty much whatever he wants with Vindman, or at least complicate the case greatly.
As for other conspirators excluded from the lawsuit, in particular Fox News and Ingraham, I think that will be the subject of a separate lawsuit. I’d say you can bank on that.
