Jack Smith May Circumvent Supreme Court In Trump Prosecution

Special Counsel Jack Smith indicated on Monday that he may seek to work around the Supreme Court in his quest to prosecute former President Donald Trump.

Smith filed a brief with the high court urging justices to reject the 45th president’s claim to immunity. This, of course, would deny Trump the same protection afforded every other chief executive in the nation’s history.

But Smith indicted the former president over his questioning of results from the 2021 presidential election. Trump’s legal team has since argued that his conduct constituted official acts of his office and thus he should be afforded immunity from Smith’s prosecution.

Little noticed, however, was the special counsel’s revelation in the filing that he will attempt to circumvent the Supreme Court if it dismisses charges brought in a separate case.

Smith sought to utilize a provision of U.S. Code 1512(c) that pertained to obstructing an official proceeding.

This same murky law was controversially used to prosecute hundreds of Jan. 6 demonstrators and is now the subject of several legal actions. The high court is currently considering a challenge to the statute in Fischer v. United States.

Arguments in the case will be heard next week.

If the Supreme Court rules in favor of the plaintiffs, that would apparently nullify two of Smith’s charges against Trump based on the same law. It would also erase hundreds of counts leveled at Jan. 6 defendants.

But Smith said in his Monday brief that, even if the high court rules against the law concerning the obstruction of a proceeding, he will continue his case against Trump.

The filing said that the special counsel would continue to prosecute the former president for “the use of falsehoods or creation of ‘false documents.’”

Smith is obviously hedging his bets as he relentlessly pursues the persecution of Trump. Basing his arguments on the administration’s presentation of contingent electors ignores that the practice is not illegal and has been implemented in the past.

But nothing short of Trump landing behind bars and out of the presidential race will satisfy the Democratic witch hunt. Even if the Supreme Court rules against their charges.