Photo: Tom Williams/CQ-Roll Call,Inc. On the eve of Michael Cohen’s testimony before the House Oversight Committee, reports emerged that the lawyer, convicted felon, and former Trump “fixer” intends to provide evidence that his ex-boss engaged in criminal activity since becoming the president. A short time later, Trump surrogate and Florida congressman Matt Gaetz issued what appeared to be a threat to Cohen, regarding an alleged series of extramarital affairs: Hey @MichaelCohen212 - Do your wife & father-in-law know about your girlfriends? Maybe tonight would be a good time for that chat. I wonder if she’ll remain faithful when you’re in prison. She’s about to learn a lot... — Matt Gaetz (@mattgaetz) February 26, 2019 Late on Tuesday night, Gaetz deleted the tweet and apologized, saying it was “NOT my intent to threaten.” Congressman Gaetz, a career lawyer, initially told the Daily Beast that he did not consider his tweet to be an example of witness tampering. He was simply “challenging the veracity and character of a witness. We do it everyday. We typically do it during people’s testimony.” Gaetz added, in a profound misunderstanding of John Stuart Mill that “This is what it looks like to compete in the marketplace of ideas.” But on CNN, former prosecutor Laura Coates told Wolf Blitzer she indeed considered the congressman’s tweet to be witness intimidation: Now the idea of somebody doing this is really odd to me, given the fact that we’re very well-versed at this point in time of what intimidation looks like. There have been discussions about the president’s tweets, using Twitter as a medium to do so. This to me is a classic test example of someone saying, “Listen, I’m going to try and harass you, I haven’t proposed physical violence.” That’s not the requirement. I haven’t threatened you in some way. I haven’t said, “If you don’t do X, this will happen.” But harassment is part of the witness intimidation statutes, talking about, are you trying to somehow influence or withhold testimony. That’s doing that exact thing. It appears that Representative Gaetz was banking on the “speech or debate” clause of the Constitution, in which lawmakers are allowed a great deal of rhetorical leeway while Congress is in session. In a text to the New York Times, Gaetz claimed he was “testing the veracity and character of Michael Cohen. That is allowed.” In a text to Vox, Gaetz told reporter Alex Ward that those watching Cohen’s testimony tomorrow should prepare for “fireworks,” possibly referring to Republicans plans to paint Cohen as an unreliable liar and convicted felon – a strategy that could backfire since Trump’s lawyer broke the law while working for the president. But despite Gaetz’s pushback, allegations of witness intimidation continued. Gaetz eventually deleted the tweet an apologized, insisting he never meant to threaten Cohen: Speaker, I want to get the truth too. While it is important 2 create context around the testimony of liars like Michael Cohen, it was NOT my intent to threaten, as some believe I did. I’m deleting the tweet & I should have chosen words that better showed my intent. I’m sorry. https://t.co/Rdbw3sTQJD — Matt Gaetz (@mattgaetz) February 27, 2019 In a statement issued before Gaetz’s apology, Cohen’s lawyer Lanny Davis said his constituents in Florida would “not appreciate that their congressman has set a new low.” Meanwhile, Davis’s client is preparing to give what could be the most damning evidence yet in all of the investigations into Trump’s alleged misconduct. With documents and financial statements in hand, Cohen will reportedly give testimony that Trump was an ersatz success prior to The Apprentice, and lay out in “granular detail” how the president concocted the plan to give hush money to Stormy Daniels – a payoff that resulted in one of Cohen’s two campaign finance felonies. Cohen may also reportedly discuss the president’s racist comments, as he did last year when he told Vanity Fair that Trump said to him in 2016 that “black people are too stupid to vote for me.” Gaetz, a second-term Congressman for the staunchly Republican Florida panhandle, is one of Trump’s most outspoken advocates on the Hill, and one of the more active Twitter users in the legislative branch. “I aspire to be the conservative AOC,” the 36-year-old Congressman once said, referring in part to the upstart Democrat Alexandria Ocasio-Cortez’s social media savvy. However, to date, the 29-year-old Bronx lawmaker has yet to engage in potential felony action while online. This post has been updated with Gaetz’s apology.<doc-sep>Republican Congressman Matt Gaetz, R-Florida, is facing some potentially serious fallout after he tweeted a message many perceived as threatening Michael Cohen, prior to Cohen's public testimony this afternoon before the House Oversight and Government Reform Committee. Gaetz, an attorney, is now being investigated by the Florida Bar for a potential violation the organization's conduct rules, and Rep. Stacey Plaskett (D-Virgin Islands) suggested that he should be referred for possible criminal prosecution for "witness intimidation or tampering." Tuesday at 4:12 p.m, Gaetz's official Twitter account published a tweet that read: "Hey @MichaelCohen212 - Do you wife & father-in-law know about your girlfriends? Maybe tonight would be a good time for that chat. I wonder if she'll remain faithful when you're in prison. She's about to learn a lot…" The account has since deleted the tweet, and Gaetz apologized after being chastised by Speaker of the House Nancy Pelosi. "It was NOT my intent to threaten, as some believe I did. I'm deleting the tweet & I should have chosen words that better showed my intent. I'm sorry," he wrote. Speaker, I want to get the truth too. While it is important 2 create context around the testimony of liars like Michael Cohen, it was NOT my intent to threaten, as some believe I did. I’m deleting the tweet & I should have chosen words that better showed my intent. I’m sorry. https://t.co/Rdbw3sTQJD — Matt Gaetz (@mattgaetz) February 27, 2019 When asked by reporters yesterday if Michael Cohen should perceive the tweet as a threat, Gaetz said, "Absolutely not. We're witness testing, not witness tampering." Others aren't so sure about that. In a statement to CBS News, Florida Bar spokesperson Francine Walker said, "The Florida Bar is aware of the comments made in a tweet yesterday by Rep. Matt Gaetz, who is a Florida Bar member, and I can confirm we have opened an investigation." She explained that the Florida Bar opens an investigation "any time the words or actions of a Florida lawyer result in complaints," suggesting that complaints were registered over Gaetz's tweet. "If rules have been violated, The Florida Bar will vigorously pursue appropriate discipline by the Florida Supreme Court," Walker said in the statement. "The Florida Bar takes its responsibility of regulating lawyer conduct very seriously," adding that it pursues discipline against lawyers "whose professional conduct is not in keeping with the rules." According to its website, the Florida Bar is the organization of all lawyers licensed by the Supreme Court of Florida to practice law in the state, serving over 106,000 members. Gaetz may also face further inquiries from inside Congress, where he represents Florida's 1st congressional district. During Wednesday's hearing with Michael Cohen before the House Oversight and Government Reform Committee, Congresswoman Stacey Plaskett, a non-voting delegate who represents the U.S. Virgin Islands, made a point to discuss Gaetz's conduct when she received her chance to speak. Addressing Cohen directly, Plaskett said, "I want to apologize for the inappropriate comments and tweets that have been made by other members of this body, and as a former prosecutor, and as a former counsel on House ethics, I think at the very least there should be referral to the Ethics Committee of witness intimidation or tampering under U.S.C. 15.12 of my colleague Matt Gaetz, and it may be possible of him being referred for criminal prosecution." Michael McQuerry, Plaskett's director of communications, confirmed the congresswoman's intentions. "She's serious about that," McQuerry told CBS News in a phone interview. "As a former prosecutor she thinks it was reprehensible and illegal, what he did." Gaetz's offices in Washington, Fort Walton Beach and Pensacola were all unavailable for comment. In a Facebook post Tuesday, Gaetz wrote: "I think it's entirely appropriate for any member of this body to challenge the truthfulness, veracity, and character for people who have a history and future full of lies. That's the story of Michael Cohen." On Wednesday night, Gaetz appeared to walk back his earlier tweet and Facebook post targeting Michael Cohen, writing that he apologized to Cohen for including his family and asking that family members remain "off-limits" from public criticism.<doc-sep>Rep. Matt Gaetz says he “personally apologized” to Michael Cohen for the threatening tweet that he fired off on Tuesday night — asking whether the former Trump lawyer’s wife knew about his “girlfriends” — ahead of his House Oversight Committee hearing. “I’ve personally apologized to @MichaelCohen212 4 referencing his private family in the public square,” Gaetz tweeted Wednesday, just hours after the Cohen testimony. “Regardless of disagreements, family members should be off-limits from attacks from representatives, senators & presidents, including myself,” he said. “Let’s leave the Cohen family alone.” Gaetz, a Republican from Florida, has been trying his best to do damage control after receiving widespread backlash for the Cohen tweet, which he later deleted. The congressman has issued several statements on what he said, as well as a public apology. “I should have chosen words that better showed my intent,” he wrote in a tweet late Tuesday. “I’m sorry.” Many people, including fellow lawmakers, suggested that Gaetz violated a federal statute against witness tampering and intimidation. The House Committee on Ethics says it’s investigating the matter.<doc-sep>WASHINGTON – The Florida Bar opened an investigation into Rep. Matt Gaetz after the Republican posted what was viewed as a threat to President Donald Trump's former attorney Michael Cohen, just before providing public testimony to Congress. Gaetz, a fierce defender of Trump from Florida, posted an apology on Twitter hours after his viral tweet alleged Cohen had cheated on his wife. The tweet sparked calls for an ethics investigation and concerns that he was attempting to intimidate a witness. The Florida Bar said in a statement that an investigation was opened after at least one complaint was made about Gaetz, who is a member of the organization. "The Florida Bar is aware of the comments made in a tweet yesterday by Rep. Matt Gaetz, who is a Florida Bar member, and I can confirm we have opened an investigation," said Francine Andía Walker, a spokeswoman for the Florida Bar. She added, "Any time the words or actions of a Florida lawyer result in complaints, The Florida Bar will fully investigate those complaints through its established grievance process to determine if Bar rules have been violated." Gaetz, in a text message to USA TODAY, said he did not believe the investigation would lead anywhere, saying "it seems that the Florida Bar, by its ruls, is required to investigate even the most frivilous of complaints." Earlier, he had apologized for tweeting that Cohen's wife was "about to learn a lot" and alleged he'd been unfaithful in his marriage. " Hey @MichaelCohen212 - Do your wife & father-in-law know about your girlfriends?" Gaetz wrote in the since-deleted tweet. "Maybe tonight would be a good time for that chat. I wonder if she’ll remain faithful when you’re in prison. She’s about to learn a lot..." Gaetz did not elaborate on his allegations that Cohen had an affair, which hasn't been previously reported, or where he obtained this information, only saying that reporters should tune in during Wednesday's hearing. He said he deleted the tweet and denied he was aiming to threaten Cohen. "While it is important 2 create context around the testimony of liars like Michael Cohen, it was NOT my intent to threaten, as some believe I did," Gaetz wrote early Wednesday on Twitter. "I’m deleting the tweet & I should have chosen words that better showed my intent. I’m sorry." Cohen testimony::'I am here to tell the truth.' Michael Cohen delivers searing testimony about Trump Read:Michael Cohen's opening statement to Congress From threatening schools to racist remar:The alleged Trump deeds Cohen plans to share The apology followed criticism that Gaetz's tweet could be seen as intimidating a witness. House Speaker Nancy Pelosi warned that members' comments "on social media or in the press can adversely affect the ability of the House Committees to obtain the truthful and complete information necessary to fulfill their duties." Cohen is appearing Wednesday before the House Oversight and Reform Committee, a bombshell hearing where Cohen described his former boss as "a conman" and "racist." While Gaetz is not a member of the Oversight committee, he was in the room at the start of the hearing. He stood stone-faced along the wall on the Republican side of the room as Cohen described his 24-year marriage, his wife and two children. Gaetz told reporters as he entered the room that he sought to ask questions, a practice sometimes allowed for non-members if the committee consents. More:Republican congressman Matt Gaetz tweets apparent threat to Michael Cohen, alleging affair More:Former Trump lawyer Michael Cohen to testify before Congress about his old boss: 'He is a conman.' More:From Trump fixer to Mueller informant: Timeline of Michael Cohen's role in Russia probe Cohen, in his opening statement to Congress, asserted that Trump knew in advance that WikiLeaks planned to release stolen emails damaging to political rival Hillary Clinton; that he personally reimbursed Cohen for an illegal hush-money payment to a porn star; and that the president indirectly encouraged him to lie to Congress about his pursuit of a potentially lucrative Trump Tower development in Moscow, even as Trump repeatedly denied any business interests in Russia throughout the 2016 campaign. Cohen pleaded guilty and agreed to provide evidence to prosecutors in two separate criminal investigations involving Trump and those around him. He admitted to illegally paying hush money to two women who claimed to have had sex with Trump and lying to Congress about the extent of negotiations for a Trump real estate project in Russia. Lanny Davis, an attorney for Cohen, said the post "set a new low" for the congressman, adding they would not respond to his lies and "personal smears." "We will not respond to Mr. Gaetz's despicable lies and personal smears, except to say we trust that his colleagues in the House, both Republicans and Democrats, will repudiate his words and his conduct," Davis said in a statement. Contributing: Bart Jansen and Eliza Collins More:Read Michael Cohen's opening statement to Congress More:Cohen takeaways: As Trump's former lawyer heads to prison, political and legal implications grow for White House<doc-sep>
WASHINGTON – One of President Donald Trump's fiercest allies in the House of Representatives posted a tweet Tuesday that many called a direct threat to Michael Cohen ahead of his public testimony before Congress on Wednesday. Florida Republican Rep. Matt Gaetz posted on Twitter that Cohen's wife was "about to learn a lot" about him and accused the former Trump attorney and fixer of being unfaithful in his marriage. He later deleted the tweet and apologized to House Speaker Nancy Pelosi. "Hey @MichaelCohen212 - Do your wife & father-in-law know about your girlfriends?" Gaetz wrote in the since-deleted tweet. "Maybe tonight would be a good time for that chat. I wonder if she’ll remain faithful when you’re in prison. She’s about to learn a lot..." Cohen spent Tuesday behind closed doors testifying to the Senate Intelligence Committee. He will appear before the House Oversight and Reform Committee on Wednesday in a public appearance that's expected to revolve around the president's alleged infidelities, businesses and finances. When asked by reporters on Capitol Hill about the tweet, Gaetz denied that the post was a threat or attempt to intimidate Cohen. "This isn't witness tampering, it's witness testing," he told reporters outside his office. "When people like Michael Cohen, who's about to go to prison for lying, come before the Congress, there's an enhanced responsibility on the part of members of Congress to test that veracity, to test the truthfulness and character of the witness, and I think we ought to do it with great vigor." Gaetz did not elaborate on his allegations that Cohen had an affair, which hasn't been previously reported, or where he obtained this information, only saying that reporters should tune in during Wednesday's hearing. Later, however, Gaetz deleted his tweet after Pelosi said via Twitter that members' comments "on social media or in the press can adversely affect the ability of the House Committees to obtain the truthful and complete information necessary to fulfill their duties." In response, Gaetz tweeted: "Speaker, I want to get the truth too. While it is important 2 create context around the testimony of liars like Michael Cohen, it was NOT my intent to threaten, as some believe I did. I’m deleting the tweet & I should have chosen words that better showed my intent. I’m sorry." More:Michael Cohen plans to accuse the president of 'criminal conduct' More:Michael Cohen, Trump's former lawyer, disbarred because of his felony convictions Cohen pleaded guilty and agreed to provide evidence to prosecutors in two separate criminal investigations involving Trump and those around him. He admitted to illegally paying hush money to two women who claimed to have had sex with Trump and lying to Congress about the extent of negotiations for a Trump real estate project in Russia. A person familiar with Cohen's planned testimony said he was prepared to testify about "criminal conduct" by Trump after he assumed the presidency. The person, who was not authorized to speak publicly, declined to characterize the conduct but said it happened during Trump's first year in the White House. Lanny Davis, an attorney for Cohen, said the post "set a new low" for the congressman, adding they would not respond to his lies and "personal smears." "We will not respond to Mr. Gaetz's despicable lies and personal smears, except to say we trust that his colleagues in the House, both Republicans and Democrats, will repudiate his words and his conduct," Davis said in a statement. Opinion:Jordan & Meadows: Democrats put out welcome mat for a liar. We can't trust Michael Cohen. "I also trust that his constituents will not appreciate that their congressman has set a new low — which in today’s political culture is hard to imagine as possible," Davis added. Those on Twitter, including members of Congress, reacted quickly, many pointing that the comments could be seen as intimidating a witness and witness tampering. Rep. Bill Pascrell, D-New Jersey, said the tweet warranted an investigation by the House Ethics Committee. "One of my colleagues, a duly elected member of Congress, has taken to twitter to intimidate a witness," Pascrell, Jr.‏ wrote. "This is grossly unethical and probably illegal (18 USC § 1512(b)). House Ethics must investigate this disgrace and stain on our institution." The statute Pascrell, Jr.‏ noted in his tweet is the law that states intimidating a witness is illegal. Sen. Chris Coons, D-Delaware, said Gaetz's tweet seemed like something "out of a Mob novel" not from a member of Congress.