Special counsel Jack Smith's Jan. 6 case against Donald Trump is now hanging by a thread, Kelly explained. The Biden administration's dream of convicting Trump with the hope of a March 4 trial date has become improbable.
Kelly, who has become an expert on the Jan. 6 case, explained that in Judge Tanya Chutkan's recent court order she "confirmed that because the immunity issue is on appeal right now, all of the pre-trial deadlines now are suspended."
Biden's Justice Department is going after an obstruction charge in the four-count and the Supreme Court will decide if Trump is immune to that charge or not which represents nearly half of Jack Smith's criminal indictment. Trump has also been charged with conspiracy to obstruct.
Posobiec explained that it would "throw a monkey wrench" into the entire case. Not only would the decision impact Trump, but would likely impact many of the Jan. 6 political prisoners who have been charged with obstruction or conspiracy to commit obstruction.
"The entire pre-trial calendar leading up to this trial that's now supposed to be two and a half months away is all suspended," Kelly said. "So, I'm not sure how, even if the Supreme Court waved a magic wand, or the DC Appellate Court did, somehow the immunity issue, a very complicated issue, never before addressed by the Supreme Court is resolved in time."
Kelly explained that the Supreme Court will issue a ruling on the Department of Justice's interpretation of obstructing an official proceeding in which they "intentionally misinterpreted the language in the statute" to issue convictions.
"What this DOJ has done is weaponized it, intentionally misapplied the language there to make people who were in the Capitol, at the Capitol, allegedly disrupt or were responsible for the joint session recessing that day," she said.
"So, the justices will have to sort out a couple of issues," Kelly added. "The interpretation, the definition of official proceeding, whether what happened on January 6th rises to it. And that's key to Jack Smith's indictment. Because he accused Donald Trump of obstructing that official proceeding."
"Now that it's up in the air, what does Jack Smith do next? Does he drop those two charges and then supersede with other charges like seditious conspiracy" Kelly asked. "So he's got a couple of moves that he's going to have to make, none very appealing at this stage. But considering both the immunity issue, and now the 1512(c)(2), his entire indictment really is at risk.
