Smith Files Legal Brief Amid SCOTUS Decision

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Special Counsel Jack Smith, who is leading the investigation into the January 6 Capitol breach, has sparked controversy with his recent statements about former President Donald Trump’s potential legal liability.

In a legal brief, Smith argued that a former president does not have absolute immunity from federal criminal prosecution for their actions while in office. This has raised concerns among conservatives, as it could impact a key obstruction charge against Trump and potentially affect hundreds of related cases.

The controversy centers around a statute under scrutiny by the U.S. Supreme Court, which is set to deliberate on whether a former president can be prosecuted for actions taken during their tenure.

This has significant implications for the case of Fischer v. United States, which challenges the broad application of the obstruction statute. If the court rules in favor of Fischer, it could potentially overturn the charges against Trump and undermine the legitimacy of the case against him.

Despite this, Smith has signaled that he is prepared to pursue alternative legal strategies to maintain the charges against Trump and others implicated. In a recent briefing, he argued that even if the Supreme Court rules against the Department of Justice’s use of the obstruction statute, other aspects of the charges should still stand. This is seen as a desperate attempt to keep some level of legal accountability for Trump, no matter the outcome of the Supreme Court’s decision.

The issue at hand is 18 U.S. Code § 1512(c), a section of the federal criminal code that pertains to obstructing justice. This section is specifically designed to prevent tampering and obstruction related to official proceedings and is frequently invoked in cases involving hindering criminal investigations. Despite this, Smith and his team are trying to twist the statute’s interpretation to fit their political agenda rather than adhering to its intended purpose.


With the 2024 presidential election looming, the outcomes of these legal battles hold significant weight in shaping public perception and potentially influencing the election in November. As Republicans brace for the Supreme Court’s decision, the rule of law and the limits of legal interpretation remain at the forefront of concern. It is concerning that Smith and his team are willing to bend the law to fit their political narrative rather than respecting the legal process and the Constitution.