Does Sean Penn face legal risk for El Chapo interview?
Sean Penn photo by Helga Esteb / Shutterstock.com.
Actor Sean Penn is facing criticism for his October interview with escaped drug kingpin El Chapo, but a criminal conviction is unlikely, some legal experts say.
Experts interviewed doubted that Penn could be successfully prosecuted under Section 1071 of the federal code, which bars the harboring of a fugitive, report ABC.net, the Los Angeles Times, the Hollywood Reporter and Mediate. But it is possible that federal prosecutors would want Penn’s testimony if Joaquin Guzman Loera—also known as El Chapo—is tried in the United States.
Experts told the Los Angeles Times that Penn had no obligation to disclose the meeting, though he could be prosecuted if he made false statements on a government form while traveling.
The New York Post is reporting, however, that Manhattan US Attorney Preet Bharara is reportedly investigating Penn over his ties to Guzman. The article is based on anonymous law enforcement sources. A spokesperson for the office declined to comment.
The interview was published on Rolling Stone’s website Saturday evening, a day after the capture of Guzman. Guzman escaped from a Mexican prison in July. In the interview, Guzman bragged about his crimes.
“I supply more heroin, methamphetamine, cocaine and marijuana than anybody else in the world. I have a fleet of submarines, airplanes, trucks and boats,” Guzman told Penn.
Section 1071 makes it a crime to “to harbor or conceal any person for whose arrest warrant or process has been issued, so as to prevent the fugitive’s discovery and arrest.”
To gain a conviction, prosecutors would have to show Penn gave Guzman money, resources, or information to help him evade capture, the experts said.
