Donald Trump’s attorneys have been trying to get his federal cases dismissed since the outset of the charges.
I have always pushed back, stating that their approach, leaning into presidential immunity, would never work.
Well, they just changed tactics, and this time, they might actually have a case.
Fisher v. United States
If you recall, about two months ago, the Supreme Court handed down a decision in Fischer v. United States that redefined how obstruction could be classified in the January 6 cases.
The wide-ranging definition the government had leaned on was flawed, so the Supreme Court narrowed the definition.
Trump’s attorneys are now leaning into that decision to have several of Trump’s charges dismissed, and they are also arguing that if those charges are dismissed, it would undermine the remaining charges, therefore, all charges should be dismissed.
His attorneys argued, “The Superseding Indictment stretches generally applicable statutes beyond their breaking point based on false claims that President Trump is somehow responsible for events at the Capitol on January 6, 2021.”
They continued, “President Trump’s case should be among the next to be abandoned and, if not, then it should be dismissed…”
“Under Fischer, the Office may not use the statute as a catchall provision to criminalize otherwise-lawful activities selectively mischaracterized as obstructive by those with opposing political views.”
This time, they may be on to something.
Now, Judge Chutkan has shot them down at every turn, so I don’t expect her to buy this argument, but an appeals court might.
Even then, at some point, Trump will try to take this case to the Supreme Court and I would expect the court to take the case considering the motion is based on a precedent it set.
They may finally have something here, so let’s wait and see how this all plays out.
