THREAD: I think it's brilliant that Jack Smith crafted his 1/6 indictment of trump to withstand 1) a court determining that a former president is immune for some official acts and 2) a court determining 1512(c)(2) must involve a document or documents. 1/
Smith's indictment works EVEN IF the Supreme Court decides that some presidents have immunity for some official acts because the charges are against him as a CANDIDATE for office, not as a sitting president. 2/
The indictment also works EVEN IF the Supreme Court decides that 1512(c)(2) can only be charged if the defendant tampers with or impedes a document because the fraudulent elector certificates and the certified legit elector certificates are documents. 3/
Oral arguments for 1512(c)(2) are before SCOTUS tomorrow, and the immunity arguments are April 25th. EVEN IF SCOTUS guts 1512(c)(2), and EVEN IF they decide that some official acts are immune, Jack Smith's indictment stands. 4/
Having the foresight to fortify the charges based on these two potential threats to the rule of law is pretty damned ingenious. END/
People complaining about Smith not being aggressive enough don’t take into account the overwhelming task he has here. I think he’s the right person for this job…but I am with Liz Cheney in being baffled why Trump’s accomplices in Congress aren’t likewise indicted for conspiracy.
@MuellerSheWrote Your thread is everybody's favorite! #TopUnroll threadreaderapp.com/thread/1780028… 🙏🏼@ritalangill for 🥇unroll
@MuellerSheWrote I wish there was someway he could’ve planned ahead for the Florida debacle
@MuellerSheWrote Just hope they don’t twist the definition of CANDIDATE!