Corruption: Special Counsel, Jack Smith, Vows to Defy Supreme Court in Trump Case

Written by Elijah Thompson.

Special Counsel Jack Smith has hinted at a possible defiance of the Supreme Court if it overturns the obstruction statute relevant to numerous January 6 cases. The high court’s decision, expected this summer, could significantly impact the legal landscape.

Smith’s Challenge to the Supreme Court

Jack Smith, overseeing the prosecutions tied to the January 6 Capitol riot, has suggested that he might not adhere to a potential Supreme Court ruling that could invalidate the obstruction charges used in hundreds of those cases. This defiance comes amid a critical review by the Supreme Court in Fischer v. United States, which questions the broad application of statute 18 USC §1512(c)(2). This statute underpins both the charges against former President Trump and over 300 January 6 defendants.

The Impact of a Supreme Court Reversal

The looming decision in Fischer v. United States is pivotal, as it directly challenges the Department of Justice’s interpretation of the obstruction statute. With Trump facing related charges, a ruling in favor of Fischer could dismantle key aspects of the case against him, illustrating the high stakes of this judicial review. Despite these potential outcomes, Smith asserts that alternative strategies could uphold the charges against Trump, arguing that fraudulent electoral certificates, not directly handled by Trump, still constitute evidence impairment.

Our Take

The suggestion by Jack Smith to potentially bypass a Supreme Court decision is not only alarming but also undermines the foundational principles of our judiciary system. The rule of law is a cornerstone of American democracy, and no individual, regardless of position, should have the latitude to disregard it. This stance could set a dangerous precedent, where selective adherence to judicial rulings threatens the integrity of our legal system. As conservatives, we must advocate for the enforcement of laws based on their strict interpretation and resist any attempts to undermine judicial authority. Upholding the rule of law ensures that our country remains governed by principles, not by individuals’ whims.

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