Trump blames Nancy Pelosi as he cites another Supreme Court decision to dismiss Jan. 6 charges

Source: Law & Crime

Oct 7th, 2024, 8:53 am


After months-long delays and a major Supreme Court ruling, Donald Trump’s Jan. 6 prosecution resumed and the special counsel docketed the most detailed account yet of the government’s theory to comply with the high court’s immunity decision and instructions upon remand. While the former president’s defense continues to seek dismissal on immunity grounds, another SCOTUS Jan. 6-related decision has emerged as a supplemental argument in favor of tossing the case.

In late June, days before the justices ruled in Trump v. United States, SCOTUS also handed down a decision in Fischer v. United States, reining in the DOJ’s application of the obstructing an official proceeding statute and raising questions about the futures of hundreds of such cases.

Trump is now citing the Fischer decision to argue that two of his obstruction-related charges in the revised indictment should be dismissed, potentially undermining the rest of the case.

On Thursday, Trump lawyers submitted their supplemental filing to dismiss special counsel Jack Smith’s case, beginning with argument that it’s “false” to say their client is “somehow responsible for events at the Capitol on January 6, 2021” — pointing instead to a House Republican’s press release on Nancy Pelosi, the California Democrat and former longtime Speaker of the House, saying that she took “responsibility.”

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