Special counsel says obstruction charge against Donald Trump in January 6 case should stand

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.

Additionally, the special counsel said in a court filing, Trump’s pressure campaign against then-Vice President Mike Pence and other legislators to certify fraudulent electoral college votes “link the defendant’s actions on January 6 directly to his efforts to corruptly obstruct the certification proceeding.”

Earlier this year, the Supreme Court found that obstruction charges brought by prosecutors against many alleged rioters could not stand unless the individual obstructed the Electoral College certification proceeding by impairing physical documents and other similar and direct acts of obstruction.

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.