Two of the four charges against Trump in Jack Smith's DC case are conspiracy to obstruct so the Supreme Court's ruling on Friday torpedoed the special counsel's case against Trump as well.
The Supreme Court earlier this year heard oral arguments in Fischer v. United States and at issue was statute 18 USC §1512(c)(2): Whoever corruptly- How to Get the Prescription McCullough Protocol Before the Government Bans It 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 ADVERTISEMENT 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.
On Friday, in a 6-3 vote, the court holds that to prove a violation of the law, the government must show that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or other things used in an official proceeding, or attempted to do so.
"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 rec-ords, 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)," the opinion reads.
Jack Smith's DC case against Trump is toast! 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.
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.
https://www.thegatewaypundit.com/2024/06/jack-smiths-january-6-case-against-president-trump/
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