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BREAKING: Jack Smith’s January 6 Case Against President Trump Torpedoed After Supreme Court Overturns 1512(c)(2) Obstruction Charge
Gateway Pundit ^ | June 28, 2024 | Cristina Laila

Posted on 06/28/2024 10:57:01 AM PDT by Red Badger

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

ADVERTISEMENT (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!

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.

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.


TOPICS: Conspiracy; Government; History; Politics
KEYWORDS: jacksmith; jan6; obstruction; scotus; stevebannon; supremecourt; trump
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1 posted on 06/28/2024 10:57:01 AM PDT by Red Badger
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To: Red Badger
Jack Smith suggested he will find a workaround if the Supreme Court reverses two of the charges against Trump.

Yep the Constitution and Supreme Court rulings are such a burden to poor old Jack's anti-Trump crusade. But have faith, he's looking for a "work around" to all that pesky constitutional nonsense.

2 posted on 06/28/2024 11:01:15 AM PDT by apillar
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To: Red Badger

Checks and Balances.
Three co-equal branches of government: judicial, legislative, and executive.

But the Democrat Party beats ‘em all. Those guys have all the power.


3 posted on 06/28/2024 11:02:42 AM PDT by ClearCase_guy (It's not "Quiet Quitting" -- it's "Going Galt".)
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To: Red Badger

Heard on the radio that this will only completely exonerate about 55 people as it was the only charge against them. The others charged with obstruction also had other charges as part of multiple charges against them.


4 posted on 06/28/2024 11:03:57 AM PDT by pookie18 (You don’t have to be high on crack to enjoy Pookie’s Toons! - Tell It Right)
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To: Red Badger

Wheres the HA HA kid ???


5 posted on 06/28/2024 11:04:17 AM PDT by Tennessee Nana
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To: Red Badger

Smith says, “Show me Trump and I will show you the crime!”


6 posted on 06/28/2024 11:06:29 AM PDT by 9YearLurker
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To: Red Badger

Jack Smith is part of an insurrectionist conspiracy to overthrow the republic. TREASON. Never held to account for the damage they have done to the innocent people.


7 posted on 06/28/2024 11:06:44 AM PDT by PGalt (Past Peak Civilization?)
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To: ClearCase_guy
Checks and Balances.

All the dems really care about are checks and balances, but a different kind of check, and a different kind of balance.

8 posted on 06/28/2024 11:06:54 AM PDT by Fresh Wind (Fake news, fake election, fake president, real tyranny.)
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To: PGalt
Jack Smith is part of an insurrectionist conspiracy to overthrow the republic. TREASON. Never held to account for the damage they have done to the innocent people

The DimWITS are now trying to get President Trump to say he will NOT retaliate against the traitors.

NOBODY wants or needs retaliation. Just charge the DimWITS with what they are guilty. Start w/ Hillary's email server, Obama's and Biden's PAY TO PLAY schemes and the DOJ crimes on Jan 6.

Just start there, the gallows will be busy after the other charges are brought to the Tribunals in GITMO. Some of the presstitutes need to go down there too.

NOTHING will start until after Jan 20, 2025.

9 posted on 06/28/2024 11:30:31 AM PDT by politicianslie (SAFE and EFFECTIVE has become SUDDEN and UNEXPECTED. Use Dr. McCullough protocol to beat death! )
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To: Red Badger

Why did it take them so long? The statute is clear on its face.


10 posted on 06/28/2024 11:31:27 AM PDT by Socon-Econ (adi)
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To: politicianslie

Lawfare works both ways. Use or lose


11 posted on 06/28/2024 11:42:06 AM PDT by PGalt (Past Peak Civilization?)
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To: PGalt

We need to up our prayers about God’s justice coming sooner to the corrupt lawyers, judges and congressional outlaws.


12 posted on 06/28/2024 11:53:13 AM PDT by princess leah ( )
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To: politicianslie
The DimWITS are now trying to get President Trump to say he will NOT retaliate against the traitors.

Simple answer I would love to hear from Trump: "No, I will not retaliate against anyone. I am for law and order. I will uphold the law. The only people who should have any concern are those who have broken the law."

13 posted on 06/28/2024 11:54:04 AM PDT by pgyanke (Republicans get in trouble when not living up to their principles. Democrats... when they do.)
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To: Red Badger

Smith will claim phony electors to overturn the election. Remember they are diabolical.


14 posted on 06/28/2024 12:00:49 PM PDT by kenmcg (ti hi o)
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To: Red Badger

An analysis I read remands this back to the lower courts where they can reassess.


15 posted on 06/28/2024 12:24:25 PM PDT by Frapster (Life finds a way.)
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To: Red Badger

The war on the Constitution just grew democrat party won’t stand for it.

They spent to many years and planning to remove or rewrite it.

Fabian Society or nothing is the goal.


16 posted on 06/28/2024 12:29:10 PM PDT by Vaduz
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To: Red Badger

Much like the three NYC cases, the DC J6 case is based on a twisted theory of law. Jack off Smith should be disbarred for prosecutorial misconduct along with all the DC judges who deprived J6 protesters of their liberty.


17 posted on 06/28/2024 12:43:57 PM PDT by DeplorablePaul
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To: PGalt

“Lawfare works both ways. Use or lose”

The Supreme Court’s decision was NOT lawfare.

It was quite a straightforward application of the Constitution.

The decision that was reversed, the Chevron decision, was clearly unconstitutional.


18 posted on 06/28/2024 12:48:00 PM PDT by ModelBreaker
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To: Red Badger

When asked about retribution, a smiling President Trump should state “I have no comment about matters still under litigation “.


19 posted on 06/28/2024 12:55:34 PM PDT by daku
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To: Red Badger

seems like garland’s response is...he sounds like he’s going to ignore SCOTUS ?

https://www.justice.gov/opa/pr/attorney-general-merrick-b-garland-statement-supreme-courts-decision-fischer-v-united-states

so, what’s to happen to those so affected by ruling ?


20 posted on 06/28/2024 1:03:36 PM PDT by stylin19a (Why do "overlook" and "oversee" mean opposite things?)
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