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Jack Smith’s January 6 Case Against President Trump Torpedoed After Supreme Court Overturns 1512(c)(2) Obstruction Charge

by Rich Welsh
July 2, 2024
in Opinion, Politics
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Jack Smith’s January 6 Case Against President Trump Torpedoed After Supreme Court Overturns 1512(c)(2) Obstruction Charge
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Biden’ DOJ took a spanking at the ruling by the Supreme Court that this administration distorted the law on obstruction in order to send Trump supporters to prison for many years. There are over 300 people who have been charged with the bogus obstruction charge, and 27 people are in prison, only convicted of obstruction. This is a severe blow to Jack Smith’s obstruction case against Trump, but Smith has vowed to more or less ignore SCOTUS and prosecute Trump, anyway.

Two of the four charges against Trump should be tossed, but the ever-corrupt Jack Smith promises to continue with the charges even though there is nothing to tie President Trump to the alternate electors. This i election interference as Smith thumbs his nose at the Supreme Court.

The Supreme Court earlier this year heard oral arguments in Fischer v. United States and at issue was statute 18 USC §1512(c)(2):

(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or

(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.

The opinion reads:

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“To prove a violation of Section 1512(c)(2), the Government must establish that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or as we earlier explained, other things used in the proceeding, or attempted to do so. See supra, at 9. The judgment of the D. C. Circuit is therefore vacated, and the case is remanded for further proceedings consistent with this opinion. On remand, the D. C. Circuit may assess the sufficiency of Count Three of Fischer’s indictment in light of our interpretation of Section 1512(c)(2).”

…This is a big win for Trump as well. It knocks out a substantial part of the case of Jack Smith against the former president. It also knocks out hundreds of convictions…

— Jonathan Turley (@JonathanTurley) June 28, 2024

Jonathan Turley said it is hard to see how Jack Smith’s indictment against Trump holds up after the Supreme Court overturned the obstruction charge.

….For Trump, this rips the wings of the plane that Jack Smith has been trying to take off in D.C. In an ordinary case, there would be a superseding indictment. Smith may try to go forward on the remaining counts. However, it is hard to see how the indictment holds together…

— Jonathan Turley (@JonathanTurley) June 28, 2024

From The Gateway Pundit

Jack Smith suggested he will find a workaround if the Supreme Court reverses two of the charges against Trump.

Smith claims the ‘obstruction’ charges will still stand against Trump because the alternative electoral certificates represent “documents” that were fraudulently used in an “official proceeding.”

These papers weren’t even sent or signed by Trump!

Jack Smith isn’t the only one who is threatening to circumvent the Supreme Court.

US Attorney from DC Matthew Graves fired a warning shot to the US Supreme Court – and J6ers serving time for 18 USC §1512(c)(2), the ‘obstruction’ statute pending before SCOTUS.

Tags: 0obsatructionoverreachSupreme Court
Rich Welsh

Rich Welsh

Rich is a syndicated opinion writer who writes about politics, culture, liberty and faith. Subscribe to our YouTube channel at https://youtube.com/@rpwmedia?sub_confirmation=1

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