CNN —Special counsel Jack Smith told a federal judge on Wednesday that the Supreme Court’s decision limiting some obstruction charges against those who stormed the US Capitol on January 6, 2021, should not apply to Donald Trump in the election subversion case against the former president.
One primary reason the obstruction charge against Trump should stand, prosecutors argue, is that – unlike in the case involving a rioter that was before the Supreme Court – Trump is directly accused of creating false evidence though the plot to insert fake electors in the certification process.
Trump is arguing the ruling should result in Judge Tanya Chutkan throwing out the case against him.
“The defendant’s supplement ignores entirely that the superseding indictment includes allegations that involve the creation of false evidence,” prosecutors wrote Wednesday, namely, “the fraudulent electoral certificates.”Smith also urged the judge to ignore Trump’s claims of presidential immunity, calling them “deeply flawed” and “irrelevant” to the issue at hand and should wait to be argued in separate filings.
Trump has been charged with multiple counts related to his alleged efforts to overturn the 2020 election results, including conspiracy to defraud the United States and obstruction.
Persons:
Jack Smith, Donald Trump, – Trump, Mike Pence, Trump, Tanya Chutkan, ” Smith
Organizations:
CNN, Capitol, Trump
Locations:
United States