The U.S. Supreme Court’s upcoming decision could significantly impede Special Counsel Jack Smith’s ability to prosecute Donald Trump, potentially rendering it exceedingly challenging or even impossible. Legal analyst Jeffrey Rosen, a George Washington University law professor, shared this perspective during a discussion on CNN.
Rosen explained that a ruling in favor of Trump by the nation’s highest court could greatly complicate and weaken Smith’s case, particularly concerning obstruction of justice charges. He emphasized the pivotal nature of the Supreme Court’s impending decision on whether these charges align with the Constitution and the law.
Should the Supreme Court side with Trump, Rosen argued, it could also cast doubt on the legal basis for prosecuting individuals involved in the January 6, 2021, riot at the U.S. Capitol Building.
The case at hand, Joseph W. Fischer v. United States, pertains to the application of 18 U.S.C. § 1512, obstruction of an official proceeding, to January 6 cases. Fritz Ulrich, representing Fischer, intends to advocate for a narrow interpretation of Section 1512(c)(2), aligning with its language and Congress’s intended purpose.
Regarding Trump’s federal criminal election-subversion trial, Chief Justice John Roberts granted Smith and prosecutors one week to respond to Trump’s request to halt the trial while seeking a complete dismissal based on presidential immunity.
Despite a previous unanimous rejection of Trump’s immunity claim by a three-judge federal appeals court in Washington, D.C., the case remains pending Supreme Court consideration, delaying potential trial proceedings.
Recently, Sen. Tom Cotton (R-Ark.) and 23 other GOP senators urged the Supreme Court to prevent the Biden administration from using its interpretation of the law to target political opponents. Cotton emphasized the need to prevent the administration from criminalizing political actions protected by the First Amendment.
The Supreme Court is scheduled to hear arguments in the Fischer case on April 16. Smith faces increasing challenges in his cases against Trump, with the recent decision by Chief Justice Roberts posing new obstacles.