Democrat hacks have claimed that Special Counsel Jack Smith’s indictments against Donald Trump over the former president’s challenging of the 2020 election are legally sound. So why is Smith grasping at legal straws in his latest court filing?
On Monday, Smith filed a brief with the U.S. Supreme Court urging the nation’s highest judicial body to dismiss Trump’s presidential immunity claims. Citing the Jan. 6, 2021, riot at the U.S. Capitol, the special counsel indicted Trump in August over his speech questioning the administration of the 2020 election. This prompted the former president’s legal team to file a motion essentially arguing that Trump “should be immune from prosecution because the conduct he is accused of constituted official acts of the president,” as Fox News summarized.
“The President’s constitutional duty to take care that the laws be faithfully executed does not entail a general right to violate them,” Smith claimed.
As legacy media rushed to elevate the special counsel’s arguments against Trump’s immunity claims, they ignored a footnote in Monday’s filing that telegraphs how Smith will attempt to have the former president convicted on several counts — even if those same charges are effectively dismissed in a separate case by SCOTUS.
[RELATED: 6 Ways Jack Smith’s Latest Indictment Is Legally Flawed And Politically Shady]
The footnote in question pertains to 18 U.S. Code § 1512(c), which carries up to a 20-year prison sentence for anyone who “corruptly”:
(1) alters, destroys, mutilates, or conceals a record, document, or other
