Donald Trump is highly unlikely to get Jack Smith’s case dismissed, his lawyer says

The federal election interference case against Donald Trump is “highly unlikely” to be dismissed because of a Supreme Court ruling that narrowed the interpretation of the federal obstruction charge used in hundreds of prosecutions over the Jan. 6 riot, a former White House lawyer said.

The case was brought by Joseph Fischer, a former Pennsylvania police officer charged for his role in the January 6, 2021, Capitol riot, in which hundreds of Trump supporters stormed Congress in an attempt to stop the certification of Joe Biden’s 2020 presidential election victory, sparking violence in which one protester was shot and killed and dozens of police officers were injured. On June 28, Fischer’s case was decided in his favor in a 6–3 ruling that did not follow strictly ideological lines.

In August, Trump was indicted on four counts related to claims that he broke the law by trying to overturn the results of the 2020 election. He has pleaded not guilty to charges of conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction and attempted obstruction of an official proceeding, and conspiracy against human rights.

In Friday’s ruling, the Supreme Court found that the charge of obstructing an official proceeding related specifically to the tampering with documents and did not incorporate more general violent disorder.

Speaking to CNN’s Brianna Keilar, John Dean, a Nixon-era White House lawyer, said he doubted the ruling would end the case against Trump.

“I think it’s very unlikely to get it overturned,” Dean said, adding: “It’s a very narrow decision. So far, the media has read it and overhyped it. People haven’t really gotten into the granular level. to analyze The impact of this, and it will be very nominal, even for those who have pleaded guilty. For example, many of them said that if this ruling went against existing law, it would not change their status so that they could be. accused again.”

Donald Trump at a rally at Greenbrier Farms in Chesapeake, Virginia, on June 28. A Supreme Court ruling on a Jan. 6 case released Friday is unlikely to stop Trump’s federal election interference case, but the court has yet to decide whether to stop him.

Anna Moneymaker/GETTY

Referring to the special counsel who oversaw Trump’s federal election interference case, Dean added: “Jack Smith was certainly aware of it when he brought his charge, and I think his charge will stand up to any test.”

When reached for comment, a spokesperson for Trump’s 2024 presidential campaign sent Week of news a Truth Social post in which the Republican called Friday’s Supreme Court ruling a “GREAT VICTORY.”

speaking to Week of newsFormer federal prosecutor Barbara McQuade said she also doubted the ruling would affect Trump’s prosecution.

She said: “This decision could overturn the conviction of some of the defendants on January 6, (but) it is not likely to affect Donald Trump’s case because it involves fraudulent documents in the form of false lists of electors.

“In fact, the court appears to go out of its way to point out that the statute covers fraudulently created documents.”

On July 1, the Supreme Court is expected to rule on whether Trump has presidential immunity for “official acts” performed while he was in the White House.

The former president has already been convicted of falsifying business records to hide a payment to maintain his silence before the 2016 election, although he has rejected the verdict and is expected to appeal.

He also pleaded not guilty to charges related to allegations that he mishandled classified documents and broke the law by attempting to overturn the result of the 2020 presidential election in the state of Georgia.