Supreme Court ruling could decimate Jack Smith's election interference case against Donald Trump

 February 19, 2024

A Supreme Court case that doesn't involve former President Donald Trump threatens to completely upend Jack Smith's prosecution of Trump for allegedly trying to overturn the 2020 election.

That case, Joseph W. Fischer v. United States, involves a Capitol riot defendant who argues that the Department of Justice has wrongly been charging protestors with obstruction of an official proceeding.

The law in question, 18 U.S.C. § 1512, refers to "tampering with a witness, victim, or an informant." Fischer and his legal team are arguing that this section has been wrongfully used, and if the Supreme Court sides with him, it could ice Smith's case against Trump.

Legal analyst and George Washington University Law School professor Jeffrey Rosen told CNN on Saturday, "There's a centrally important case in the Supreme Court where the Court's going to decide whether the core of Jack Smith's charges involving obstruction of justice are consistent with Constitution and the law or not. 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."

Smith's months of hard work are in very real danger of going up in flames if the conservative Supreme Court rules in Fischer's favor.

This is just more bad news for Democrats who are counting on Smith to land a conviction on Trump and help President Joe Biden's re-election campaign.