On Wednesday, Michael Cohen's lawyers announced that he would not be testifying to Congress on February 7th as scheduled because of perceived threats to his family from President Donald Trump and his personal lawyer Rudy Giuliani.
Once Cohen goes to prison in March, Congress will have a much harder time getting him to testify.
On CNN Wednesday, CNN host Brooke Baldwin wondered if Giulani's actions constitute witness tampering. CNN legal analyst Michael Zeldin says it's complicated, since the alleged threats leave open space for plausible deniability, making legal proof tougher. But there are ways to investigate Giuliani.
"It could be, but there's a separate crime of threats," he noted. "And you can create threats. Rudy Giuliani said 'When I was a prosecutor, what you said to people was I'm going to break your bones or whatever.' That's actually not true. You can say things like I hope you will see it my way or you should be concerned about the well-being of your family," Zeldin noted.
"You should take account of these things. All these can things can be evaluated by prosecutors as threats and witness intimidation."
"It's unnacceptable for someone who was a United State Attorney and Mayor," Zeldin concluded.