Special counsel Jack Smith has strongly advised a federal judge to dismiss former President Donald Trump's assertions of presidential immunity, labeling them as 'deeply flawed' and 'irrelevant' to the current issue at hand. Smith emphasized that these claims should be addressed separately in future filings.
Trump faces multiple charges related to his alleged attempts to overturn the 2020 election results, including conspiracy to defraud the United States and obstruction of justice.
Smith argued that the Supreme Court's recent decision, which limited certain obstruction charges against individuals involved in the January 6 Capitol riot, should not be applied to Trump in the context of the election subversion case. Prosecutors maintain that Trump's actions, such as pressuring Vice President Mike Pence and legislators to certify fraudulent electoral college votes, directly link his conduct to efforts to obstruct the certification process.
One key point raised by prosecutors is that Trump is accused of fabricating false evidence through a scheme to insert fake electors into the certification process, distinguishing his case from that of the rioters considered by the Supreme Court.
Earlier this year, the Supreme Court ruled that obstruction charges against alleged rioters could only be upheld if the individual physically obstructed the Electoral College certification process. Trump is now contending that this ruling should lead to the dismissal of the case against him.
Prosecutors emphasized that the superseding indictment against Trump includes allegations of creating false evidence, specifically the production of fraudulent electoral certificates, which directly tie his actions on January 6 to attempts to corruptly obstruct the certification proceedings.
In light of these arguments, the judge, Tanya Chutkan, will need to carefully consider the legal complexities and precedents involved before making a decision on the case against the former president.
