A decision to shoot down a controversial theory might hinder Trump's legal cover in case he's prosecuted for attempts to overturn the 2020 election results.
on Tuesday, conservative former U.S. appeals court judge J. Michael Luttig said that the independent state legislature theory was"the centerpiece of that effort to overturn the 2020 presidential election"—and that it's likely that Smith and the DOJ were waiting for the court's decision to proceed with charges against Trump over Jan. 6.
Smith oversaw the classified documents probe that led to Trump's federal indictment and is also investigating the former president's efforts to overturn the 2020 election results and his role in the Jan. 6 insurrection. According to Luttig, Smith and the DOJ"are scrutinizing that plan, the centerpiece of which was the independent state legislature theory."
The former judge added that, if he were in Smith's place:"I believe I would have needed today's decision from the Supreme Court of the United States in order to proceed with charges against the former president and his allies and compatriots in connection with the Jan. 6 events." The Supreme Court's decision to shoot down the controversial theory might now hinder Trump's legal cover if he's prosecuted for his attempts to overturn the 2020 election's results.
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