THREADETTE: I'm working on a lawsplainer re section 1512(c), which is basis for 2 of counts Smith brought against Trump. As many already know, Supreme Court has granted cert. to decide scope of that section in J6 case. Two quick points: 1/
2/ First, having reviewed briefs & key cases, I'm 95% sure Supreme Court majority will hold section 1512(c) does not criminalize conduct charged against J6 or Trump; 2) I'm 99.9% sure S.Ct. grant of cert in Fischer case will keep Trump's trial from proceeding pre-decision.
3/ In the Fischer case the Court of Appeals "stayed the mandate," meaning it didn't send its decision down to lower court for execution pending Supreme Court's decision on cert. Gov't opposed stay in that case but COA nonetheless granted it. Next to impossible to see COA
4/4deny Trump stay given issue was granted cert in Fischer case. Note: Trump sought dismissal of 2 counts related to Fischer appeal but d.ct. has not ruled yet. Once it does, Trump MAY try to leepfrog to S.Ct. to have it consider w/ Fischer but either way trial will be on hold.
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