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Untested Legal Imagination's the Mother of Trump and Jan. 6 Prosecutions

By granting certiorari, the court would send a signal it is prepared to overturn how both the

government and the federal courts have interpreted the obstruction statute. If that happens, Jack Smith will be presented with a major decision: whether to proceed with the prosecution of a former president on an offense that may be overturned by the Supreme Court. Smith could be handed a devastating blow to this landmark case just as Judge Tanya Chutkan is preparing to sentence Trump, if convicted, after the March 2024 trial.

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