Special counsel Jack Smith speaks about an indictment of former President Donald Trump, Tuesday, Aug. 1, 2023, at a Department of Justice office in Washington. Former President Donald Trump wasn’t part of last week’s Supreme Court ruling on criminal charges for Jan. 6 Capitol rioters, but legal experts say the decision could still help him unravel one of the federal prosecutions he’s facing.
“There is a very real possibility that if it is not dismissed, it would have to be re-plead or re-indicted,” said Theodore Cooperstein, an appellate attorney representing some Jan. 6 defendants. “The decision will not have tremendous significance in the January 6 cases, including that of former President Trump, because in almost all cases there are other charges that have a felony status alongside the obstruction charge,” Mr. Banks said.
“Whoever corruptly — alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.”
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