Special counsel says obstruction charge against Donald Trump in January 6 case should stand

[BumRushDaShow]

Source: CNN Politics

Published 11:00 AM EDT, Wed October 16, 2024


CNN — Special counsel Jack Smith told a federal judge on Wednesday that the Supreme Court’s decision limiting some obstruction charges against those who stormed the US Capitol on January 6, 2021, should not apply to Donald Trump in the election subversion case against the former president.

One primary reason the obstruction charge against Trump should stand, prosecutors argue, is that – unlike in the case involving a rioter that was before the Supreme Court – Trump is directly accused of creating false evidence though the plot to insert fake electors in the certification process.

Additionally, the special counsel said in a court filing, Trump’s pressure campaign against then-Vice President Mike Pence and other legislators to certify fraudulent electoral college votes “link the defendant’s actions on January 6 directly to his efforts to corruptly obstruct the certification proceeding.”

Earlier this year, the Supreme Court found that obstruction charges brought by prosecutors against many alleged rioters could not stand unless the individual obstructed the Electoral College certification proceeding by impairing physical documents and other similar and direct acts of obstruction. Trump is arguing the ruling should result in Judge Tanya Chutkan throwing out the case against him. “The defendant’s supplement ignores entirely that the superseding indictment includes allegations that involve the creation of false evidence,” prosecutors wrote Wednesday, namely, “the fraudulent electoral certificates.”

Read more: https://www.cnn.com/2024/10/16/politics/special-counsel-trump-january-6-response/index.html

---

Link to FILING (PDF viewer) - https://www.documentcloud.org/documents/25219046-smith-response-to-trump-motion

Link to FILING (PDF) - https://s3.documentcloud.org/documents/25219046/smith-response-to-trump-motion.pdf

[BoRaGard]

1. Trump (R) is a bowel obstruction in America's sphincter

Somebody will say

America needs a cosmic enema to clear out the crap.

[erronis]

7. Stand back! Big one coming on down!

Well, I guess the Proud Boyz will be receptive - standing by, Sir!

[Tarzanrock]

2. Rock solid legal ground!

Rock solid legal ground -- like the Rock of Gibralter.

[BootinUp]

3. K&R

[Tarzanrock]

4. You're going to prison, Turd.

You're going to prison, Turd. There's no viable legal defenses to the criminal charges brought against you in the superceding indictment. It's best for you to change your plea to an insanity defense or plead "nolo contendre" and throw yourself at the "mercy" of the Court -- and apologize to the Nation for your treasonous criminal conduct. Then, serve your 20 years in Federal Prison in remorseful silence and repentenance. The injured American people deserve no less.

[erronis]

8. We can dream, can't we?

[Bayard]

5. Its a pretty good case of obstruction,

When you send an angry mob to attack the Capitol to halt the vote count.

[Hermit-The-Prog]

6. We need a blue Congress for Kamala in order to fix the corrupt Subversive Court.

[LetMyPeopleVote]

9. The Special Counsel is correct

Link to tweet