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Special Counsel Suggests Trump’s False Elector Scheme May Shield Him From Supreme Court Ruling

Special counsel Jack Smith suggests that Donald Trump's false elector scheme may protect him from a potential Supreme Court ruling on obstruction charges, highlighting the ongoing legal battle's high stakes.

Special Counsel Jack Smith’s latest brief to the Supreme Court suggests that acceding to former President Donald Trump’s broader immunity arguments would convert the presidency into an authoritarian post by removing one of few constraints on presidents obeying the will of voters. | Alex Wong/Getty Images

In a surprising development, special counsel Jack Smith indicates that Donald Trump’s efforts to assemble false slates of presidential electors in 2020 could provide legal cover amid a potential Supreme Court ruling.

Challenging Obstruction Law Interpretation

Smith’s recent filing suggests that even if the Supreme Court backs defendants challenging the obstruction law’s application, charges against Trump may stand. The challenge argues that the law was misused against pro-Trump rioters and should only apply to evidence tampering.

Qualifying as Obstruction

Smith contends that Trump’s attempt to enlist allies in seven swing states to sign fraudulent certificates constitutes obstruction, regardless of the law’s interpretation. This stance aligns with the Justice Department’s position in the ongoing Fischer v. United States case.

Emphasizing Accountability

Smith emphasizes that Trump’s actions cannot be shielded by claims of immunity, as they were not tied to his official duties as president. He argues for accountability, stating that no individual, including a former president, should be above the law.

High-Stakes Legal Battle

As legal battles unfold, the implications of Trump’s false elector scheme continue to reverberate. With federal criminal cases against Trump not expected to head to trial anytime soon, the stage is set for high-stakes legal confrontations in the coming months.

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