February 19, 2024

Supreme Court Case Could Derail Jack Smith’s Case Against Trump

There is a case that is about to go before the Supreme Court that could significantly impact the Trump case, even though Trump is not part of the case.

That case would be Joseph W. Fischer v. United States, which Politico referred to as a “sleeping giant.”

If Fischer wins that case, Special Counsel Jack Smith could find it very difficult to move forward in his case against Trump.

Watching the Court

In the Fischer case, it is being questioned if the Department of Justice acted improperly by possibly bending certain financial laws to take down a January 6 defendant.

Politico reported, “Smith’s indictment contains four counts in total. Two of those are for obstruction of an official proceeding and for conspiracy to do so.

“Those crimes are part of a relatively recent criminal statute governing financial disclosures known as the Sarbanes-Oxley (or “SOX”) Act, which was enacted following the Enron corporate accounting scandal, and which makes it a crime to obstruct an official proceeding of the U.S. government.”

The report continued, “The impact of Fischer on the Jan. 6 trial against Trump might not be known until after the Supreme Court wraps up its term in June, at which point it could knock out half of Smith’s counts against Trump.

“And it could also disrupt the convictions of many Jan. 6 defendants already serving time for their role in the insurrection.”

Jeffrey Rosen, professor at George Washington University Law School, recently commented on the Trump indictments, offering some insight as to why Smith is pushing to keep these cases against Trump on track.

The most notable being when Smith tried to take Trump’s immunity claim directly to the Supreme Court rather than allowing it to play out in the lower courts.

Rosen agreed that if the Fischer case falls the wrong way, it could derail parts of the Smith case against Trump related to the Fischer case.

He stated, "If they throw those out, that's going to be a stake in the heart of the Jack Smith case. It won't prevent it, but it'll make it much harder to pursue."

As I have stated numerous times, I believe the Smith cases are the ones with real teeth where Trump could see a guilty verdict.

In the other cases, I can see Trump winning on appeal or even a guilty verdict resulting in nothing more than a slap on the wrist and a fine for Trump, especially in the Alvin Bragg case.

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