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The Critical Explanation Missing from Jack Smith’s Trump Report
By Jonathan Turley
Special Counsel Jack Smith has finally issued his long-awaited report on the January 6th investigation. Unfortunately, it is a report that is more focused on scoring political points than providing a comprehensive explanation of the legal issues at stake. As I have repeatedly warned, the law on this issue is far more complicated than Smith’s report would suggest.
Specifically, the report fails to provide any meaningful analysis of the crucial Section 1512(c)(2) of the federal election law. This provision prohibits corruptly obstructing or attempting to obstruct the “certification” of an election result. The key question in the January 6th investigation is whether the actions of Trump and his allies on that day can be seen as an attempt to obstruct the certification process.
In my analysis, I have repeatedly emphasized that Smith’s theory of obstruction would require a breathtaking expansion of Section 1512(c)(2). Such an expansion would essentially turn the statute into a catch-all provision for any action taken by a candidate or their supporters after an election. This is precisely why I believe the report will be overturned on appeal.
The key issue here is not whether Trump and his allies were wrong in attempting to challenge the certification of the electoral votes. It is whether they engaged in corruptly obstructing that process. The answer is no.
Source: www.foxnews.com
