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       lite.cnn.com - on gopher - inofficial
       
       
       ARTICLE VIEW: 
       
       Special counsel says obstruction charge against Donald Trump in January
       6 case should stand
       
       By Holmes Lybrand and Hannah Rabinowitz, CNN
       
       Updated: 
       
       11:00 AM EDT, Wed October 16, 2024
       
       Source: CNN
       
       Special counsel Jack Smith 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.
       
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