'False evidence': Jack Smith slaps back at 'half-hearted' dismissal demand

Special counsel Jack Smith slapped back Wednesday at yet another demand from former President Donald Trump to dismiss his federal election interference case, court records show.

Smith filed in Washington D.C. federal court a response to Trump's recent motion to dismiss charges that he corruptly attempted to overturn the 2020 presidential election, won by President Joe Biden, in the lead-up to the U.S. Capitol riots on Jan. 6, 2021.

"[His] half-hearted arguments... lack merit," Smith wrote. "The defendant’s supplement ignores entirely that the superseding indictment includes allegations that involve the creation of false evidence."

Want more breaking political news? Click for the latest headlines at Raw Story.

ALSO READ: People have had enough': Here are the 3 'big-picture' reasons why Kamala Harris will win

This was Smith's response to Trump's lawyer's claims that a recent Supreme Court ruling — not their decision to grant Trump limited presidential immunity — invalidated charges that he conspired and attempted to obstruct congressional proceedings on Jan. 6.

The Supreme Court in Fischer v. U.S. ruled Jan. 6 rioters could only be tried for obstruction of congressional proceedings if they created false evidence or impaired objects of official proceedings, according to a Vox analysis.

On Wednesday, Smith argued this is precisely what Trump did when he tried to pass a slate of fake electors through Congress.

"[Trump's] motion ignores entirely that the case against him includes allegations that he and his co-conspirators sought to create and use false evidence—fraudulent electoral certificates—as a means of obstructing the certification proceeding," Smith wrote.

"Fischer did not invalidate Section 1512 or elevate basic pleading requirements."

Smith's analysis of Trump's argument will likely meet with approval from one legal analyst, political podcaster Allison Gill, who last week described his motion as the " death of all logic ."

Recommended Links:

• 'Going to lose big': George Conway predicts Trump’s immunity bid will cost him election
• Jack Smith officially challenges Cannon's dismissal of Trump classified document case
• How Judge Chutkan could 'clean up the mess' of the Supreme Court's Trump immunity ruling
• 'Mystery' Jack Smith document containing new Trump evidence passed to judge: report
• 'Death of all logic': Ex-FBI official mocks Trump's latest Jan. 6 legal filing