I expect that Smith will push for a trial on the remaining counts rather than seek a superseding indictment. The court might allow it. Yet, there still remains the immunity decision for Monday. If the immunity decision is sent back, he may have ample time to seek an superseding indictment given the need for further proceedings...
...Smith has made a trial before the election an overriding priority. The court has pushed to achieve that result. However, they are fast running out of runway and this decision rips the wings off the plane for Smith in my view...
...As for the other cases, the DOJ relied heavily on obstruction but also charged trespass in many cases. That could produce problems on sentencing. Many J6 defendants were not charged with obstruction and will not be impacted...
...I expect that Smith has a plan for this eventuality. He has been here before. He was unanimously overturned by the Supreme Court in his conviction of Former Virginia Gov. Bob McDonnell. Notably, as with today, the Court found his theory to be dangerously "boundless."
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