Smith’s case against Trump destroyed! (This is true despite today’s SCOTUS ruling)
On Friday, the justices’ decision in Fischer v. United States squashed much of the Justice Department’s investigation into the former president’s involvement with the Jan. 6 riot at the Capitol
On the legal question alone, Fischer v. United States was relatively simple and uncontroversial. It held that DOJ had improperly read the obstruction provisions of the Sarbanes-Oxley Act of 2002 ("SOX"). SOX made it a crime for company personnel to shred documents and tamper with witnesses in an official federal investigation.
DOJ may not charge someone for merely disrupting or delaying official proceedings; the disruption has to interfere with actual documents, evidence or witnesses. Otherwise, the court observed, the government could charge a peaceful protester or a lobbyist for attempting to influence an official proceeding.
But what made the case important far beyond its legal significance is that DOJ has wielded SOX as its main weapon against the Jan. 6 rioters. It has charged more than 300 defendants, including Trump, with allegedly violating the document-tampering law by seeking to prevent Congress from counting the presidential electoral votes on Jan. 6, 2021.
Smith’s remaining two charges against Trump border on the frivolous. One maintains that Trump committed fraud against the United States, a claim usually brought against government contractors who inflate their bills or hospitals that overcharge Medicare or Medicaid.
As stated all along case was BOGUS from beginning! 🤣 😂🤣🤣🤣
AI
