Jack Smith may have to rewrite Trump indictment after SCOTUS J6 ruling: legal analyst

Fox News legal analyst Gregg Jarrett highlighted this on Fox News, stating, "330 people who were falsely prosecuted will probably have their convictions either tossed or modified, but for Donald Trump, it may mean that Jack Smith now has to rewrite his indictment."

“I guarantee you that Smith is furious, right this minute, digesting [the Supreme Court decision] because it could potentially gut the special counsel’s case,” Jarrett added.

The recent decision by the Supreme Court ruled in favor of a protester who entered the capitol on January 6 and was charged with obstructing an official proceeding under Title 18, United States Code, Section 1512(c)(2).

According to the court, in order for the protesters to be charged under this statute, the government must “establish that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or as we earlier explained, other things used in the proceeding, or attempted to do so.”

The ruling is likely to have an effect on the indictment against Trump related to his actions on January 6, as two of the four charges are based on this obstruction law that the Supreme Court has ruled was misapplied to protesters. The indictment from Smith stated that "Donald J. Trump did knowingly combine, conspire, confederate, and agree with co-conspirators, known and unknown to the Grand Jury, to corruptly obstruct and impede an official proceeding, that is, the certification of the electoral vote, in violation of Title 18, United States Code, Section 1512(c)(2)."

Smith’s indictment of Trump may also prove futile as the country awaits the imminent Supreme Court ruling on presidential immunity.