Why SCOTUS Will Likely Smack Down Two Of Jack Smith’s Get-Trump Charges As Non-Crimes

Last week, the Supreme Court rejected Special Counsel Jack Smith’s request that the high court fast-track an appeal by former President Donald Trump claiming immunity from the charges related to the violence at the Capitol on Jan. 6, 2021. While the immunity questions will likely return to the Supreme Court after the D.C. Circuit weighs in on the issues, before then the justices will consider the validity of two of the four charges levied against the former president — and it is likely a majority of the Supreme Court will rule that the “crimes” the special counsel charged are not crimes at all. Here’s your lawsplainer.

Smith charged Trump in a four-count indictment in a federal court in D.C., seeking to hold the former president and 2024 GOP front-runner criminally responsible for the events of Jan. 6, 2021. Specifically, the indictment charged Trump with conspiracy to defraud the United States, conspiracy against rights, conspiracy to obstruct an official proceeding, and obstruction of and attempt to obstruct an official proceeding.