In a new filing yesterday special counsel Jack Smith pushed back against Donald Trumps attempt to dismiss obstruction charges linked to the Jan 6 events Smith argues that Trumps actions went far beyond the Capitol riot itself
The Supreme Court ruled in 06/24 that over 100 Capitol rioters were wrongly charged with obstructing an official proceeding However Smith contends this ruling doesnt apply to Trump According to the special counsel Trump not only disrupted the Capitol proceedings but also allegedly orchestrated fake elector schemes in states where Joe Biden won
Smith wrote “The Supreme Court explained that [the obstruction statute]s criminal prohibition includes creating false evidence namely fraudulent electoral certificates“ This argument directly challenges Trumps claim that he bears no responsibility for Jan 6 events
Trumps lawyer Emil Bove filed a motion on 10/3/24 to dismiss the obstruction count and related conspiracy charge Bove argued that prosecutors cant prove evidence impairment “coupled with corrupt intent“ He stated Trump was expressing “sincere and valid concerns about the integrity of the 2020 election“
In a separate ruling yesterday Judge Tanya S Chutkan mostly denied Trumps request for additional discovery materials However she did order the special counsel to provide some documents related to the investigation of former Vice President Mike Pence
The indictment alleges that he willfully caused his supporters to obstruct and attempt to obstruct the proceeding by summoning them to Washington‚ D.C.‚ and then directing them to march to the Capitol
These developments come as prosecutors aim to show that Trump can still face charges for his efforts to overturn the 2020 election results using false claims about election fraud The case has been complicated by recent Supreme Court rulings on presidential immunity and the scope of obstruction charges
• Prosecutors argue Trump actions qualify as obstruction even under narrower guidance
• Trumps defense cites immunity and First Amendment protection
• Judge mostly rejects additional discovery requests with some exceptions
The ongoing legal battle highlights the complex issues surrounding the prosecution of a former president for actions related to an election dispute