“The theory of the case for Trump has an element that focuses on the creation of false evidence—namely, the false slates of electors—for use in Congress’s certification process on Jan. 6,” said Payvand Ahdout, an associate law professor at the University of Virginia. “From the perspective of the defense, it makes sense to attempt to lump together [Joseph] Fischer’s case with Donald Trump’s.”
October 22, 2024 at 05:21 PM
4 minute read
The original version of this story was published on National Law Journal
The U.S. Supreme Court decision narrowing the statute providing the basis for ex-President Donald Trump’s Jan. 6 prosecution may impact the criminal case brought by special counsel.
Defense attorneys for Trump argue the high court’s 6-3 decision in Fischer v. United States requires a U.S. district judge to dismiss two counts charging the former president with obstructing the Electoral College count proceeding that certified President Joe Biden’s 2020 election victory.
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Former U.S President Donald Trump, left, and Jack Smith, right, special counsel for the United States Department of Justice. Credit: ALM/Wikimedia Commons
