POLITICS_ Jack Smith’s Use Of Obstruction Law Limited By Supreme Court ‘Fatally Undermines’ Case, Trump Attorneys Argue

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Jack Smith’s Use Of Obstruction Law Limited By Supreme Court ‘Fatally Undermines’ Case, Trump Attorneys Argue

(Photo by Scott Olson/Getty Images)

DAILY CALLER NEWS FOUNDATION

Katelynn Richardson
Contributor
October 04, 2024 9:55 AM ET


Special counsel Jack Smith’s election interference case falls apart under recent Supreme Court precedent, former President Donald Trump’s attorneys said Thursday.

The Supreme Court’s ruling in Fischer v. United States, which scaled back the Biden-Harris Department of Justice’s (DOJ) overbroad use of an obstruction statute designed to target corporate document shredding against Jan. 6 defendants, “fatally undermines” two counts and requires dismissing two others, Trump’s attorneys wrote.

The Fischer decision is another example of the Supreme Court applying “the rule of law to reject lawfare overreach targeting” Trump, his attorneys said, citing two other rulings from the past term rejecting state efforts to remove Trump from the ballot and finding former presidents are immune from prosecution for official acts taken in office. (RELATED: Judge Chutkan Releases Jack Smith’s Massive Brief Detailing Evidence Against Trump)

“Under Fischer, the Office may not use the statute as a catchall provision to criminalize otherwise lawful activities selectively mischaracterized as obstructive by those with opposing political views,” his attorneys told Judge Tanya Chutkan.

Since the ruling, the DOJ has acknowledged the Supreme Court “severely undermined their position” in at least 100 of the 259 Jan. 6 defendants charged or convicted under the obstruction statute, the filing states.

WAUNAKEE, WISCONSIN – OCTOBER 01: Republican presidential nominee, former U.S. President Donald Trump leaves a campaign event at Dane Manufacturing on October 01, 2024 in Waunakee, Wisconsin. The event is the first of two the former president is holding in the swing state today. (Photo by Scott Olson/Getty Images)

Smith filed a massive motion Wednesday detailing his evidence against Trump, which Chutkan allowed him to file over repeated objections from Trump’s attorneys that it was politically motivated and violated typical procedure. The filing outlined why prosecutors believe their superseding indictment is not covered by the Supreme Court’s presidential immunity decision.

Trump’s attorneys wrote Thursday that prosecutors used “fanciful and inaccurate language to describe actions by President Trump and his advisers that are subject to Presidential immunity.” (RELATED: Biden DOJ Dropped Nearly Half Of Pending Obstruction Charges For Jan 6 Defendants After Supreme Court Ruling)

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READ MORE: https://dailycaller.com/2024/10/04/jack-smith-obstruction-law-supreme-court-fatally-undermines-case-trump-attorneys/

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