The US Supreme Court on Friday delivered a devastating blow to Biden’s corrupt Justice Department and overturned the obstruction charge used to jail hundreds of January 6 defendants.
The post BREAKING: Jack Smith’s January 6 Case Against President Trump Torpedoed After Supreme Court Overturns 1512(c)(2) Obstruction Charge appeared first on The Gateway Pundit.
The US Supreme Court on Friday delivered a devastating blow to Biden’s corrupt Justice Department and overturned the obstruction charge used to jail hundreds of January 6 defendants.
Biden’s corrupt DOJ charged more than 300 J6ers with 18 USC §1512(c)(2). Additionally, 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—
(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.
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!
…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
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.
The post BREAKING: Jack Smith’s January 6 Case Against President Trump Torpedoed After Supreme Court Overturns 1512(c)(2) Obstruction Charge appeared first on The Gateway Pundit.
