Special counsel Jack Smith is playing for keeps.
Smith knows his job is to put Donald Trump in jail on behalf of Kamala Harris and the rest of the Democrat Party.
And now Jack Smith turned one Supreme Court Justice against Trump with one nasty surprise.
Smith’s new filing uses Neil Gorsuch ruling against Trump
Neil Gorsuch was Donald Trump’s first Supreme Court nominee back in 2017.
Now Jack Smith wants to use a Gorsuch ruling from 14 years ago to put Trump in jail.
Trump is one of the hundreds of January 6 defendants facing charges of obstructing an official proceeding.
Smith and other Biden-Harris prosecutors twisted the 2002 Sarbanes-Oxley law – passed in the wake of the Enron scandal – to hit Trump supporters with charges that carried heftier sentences.
But in this summer’s Fischer v. United States decision, the Supreme Court ruled that prosecutors unconstitutionally stretched the provision in Sarbanes-Oxley to apply to January 6 protests since it dealt with the destruction of documents.
Trump asked for his obstructing an official proceeding charge to be tossed in accordance with the Supreme Court’s decision.
Not so fast, says Smith.
Smith took Gorsuch’s ruling from the 2010 United States v. Pope case where Gorsuch ruled an “alternative narrative” could be decided at trial.
“In a Wednesday court filing, Smith cited Gorsuch’s ruling from the United States v. Pope case in 2010. In that case, Mark Pope, who’d been charged with firearm possession after a domestic violence misdemeanor conviction, argued that the charge was unconstitutional and should be dismissed. Gorsuch, who was a 10th circuit judge at the time, affirmed a lower court’s ruling that the charge had to be settled at trial rather than pretrial and therefore would not be dismissed,” Newsweek reported.
“Gorsuch emphasized the need to resolve factual disputes at trial rather than through pretrial motions. Pope’s claim that he had the firearm for self-defense was something that a jury had to decide, according to Gorsuch,” Newsweek also reported.
Smith also claimed that by going to trial, he could prove Trump’s “alternative narrative” was “inaccurate.”
“In any event, facts developed at trial will conclusively demonstrate that the defendant’s alternative narrative is inaccurate,” Smith added.
Smith turns Trump’s Justices against him
This isn’t the first time that Smith turned Trump’s Supreme Court nominees against him.
In a filing before Judge Tanya Chutkan arguing that all of the sham charges he filed against Trump should stand up even in light of the Supreme Court’s immunity ruling, Smith quoted Amy Coney Barrett, Trump’s third and final Supreme Court nominee.
Barrett argued that the so-called “fake electors” scheme fell outside the scope of official acts.
Now Smith enlisted a past opinion from Neil Gorsuch in service of his lawfare against Donald Trump.
Smith included these quotes because he knows his case will end up before the Supreme Court and a majority of Justices already expressed hostility to the persecution of Trump based on the immunity ruling.
But by including their own words on his filings, Smith hopes he can convince the Justices to buy into his cockamamie legal arguments.
