Federal prosecutors in D.C. were considering obstruction charges well before Jack Smith became special counsel in Donald Trump's Jan. 6 criminal case, Politico reported Tuesday.
Smith eventually brought the obstruction charge against Trump this summer, but a newly unsealed court filing shows that prosecutors had long been pursuing evidence that would justify the obstruction charge, Politico reports.
"The new filing underscores the protracted and elaborate process that prosecutors undertook before bringing charges against Trump," writes Kyle Cheney.
"Despite Trump’s repeated claims that prosecutors timed the criminal charges against him to coincide with his bid to retake the White House, the underlying documents show that the Justice Department fought extensive battles throughout 2022 to access crucial information to support a criminal case."
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The filing pertains to prosecutors' search warrants to access personal email accounts of former Justice Department official Jeffrey Clark, his deputy Kenneth Klukowski and the Chapman University account of attorney John Eastman, according to Politico.
They were previously disclosed but redacted to conceal that prosecutors were considering charges of “obstruction of an official proceeding” and “false statements,” the report states.
Says Cheney, "The 'obstruction of an official proceeding' law — which has now been leveled against more than 300 Jan. 6 defendants — is itself under scrutiny by the Supreme Court, which agreed last week to consider a challenge to the way prosecutors have used it against the pro-Trump rioters."
Trump has pleaded not guilty.
Read the full report over at Politico.
