Major Trump Win at Supreme Court Following Debate

President Donald Trump just got a massive U.S. Supreme Court victory following the CNN presidential debate. On the other hand, the Democrat Party is in full-panic mode after President Joe Biden’s disastrous debate performance. Will Biden remain the 2024 Democrat presidential nominee going forward?

The Supreme Court issued a major win for liberty and free speech. In Fischer v. United States, the Supreme Court ruled 6-3 that the D.C. Circuit’s interpretation of the destruction-of-evidence statute (18 U.S.C. § 1512) was improper and incorrect – a significant step in making sure that people are not punished by laws that infringe upon their speech. The ACLJ filed an amicus in the case because of the importance of the right to protest peacefully; at the same time, we are not justifying any criminal actions on January 6.

The Fischer ruling also has a direct bearing on Special Counsel Jack Smith’s January 6 case against President Trump. Smith has four charges against Trump, the primary charge being “obstruction of an official proceeding.” One of Smith’s radical theories is that someone giving a speech at a rally could face a 20-year sentence.

The D.C. Circuit had ruled that the destruction-of-evidence statute, which punishes anyone who “otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,” can apply broadly to many kinds of conduct. It decided that “otherwise” does not really limit the statute and that any action taken to influence official actions is sufficient to be a violation of this law.

The Supreme Court specifically addressed this issue, finding that applying this statute to speech would violate the Constitution and that the government had taken a very specific criminal statute and tried to make it a catchall.

The Supreme Court ruled that if you’re going to charge someone – and this could be applied to President Trump – with this crime, the government must show that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or other things used in an official proceeding, or attempted to do so.

My dad, ACLJ Chief Counsel Jay Sekulow, explained the Justices’ decision and how the ruling affects Smith’s January 6 case against President Trump:

Justice Barrett sided with the liberal members of the Court, but Justice Brown sided with the conservative Members of the Court, and that’s how you end up with 6-3. Chief Justice Roberts said the Solicitor General acknowledged at oral argument, that under the government’s interpretation, a peaceful protester could be conceivably charged for violating 18 U.S.C. § 1512, which carries a 20-year sentence. And even lobbyists could be brought into the scope of the statute that Jack Smith was trying to interpret – by the way, typical Jack Smith overcharging and overreaction. . . .

This is a huge win for the President, a huge defeat for Jack Smith . . . [who] comes up with these crazy theories, and the courts never allow them. . . . The entire proceeding against the President, as it relates to the January 6 stuff, received a fatal blow. It’s done.

The issue of January 6 came up in last night’s debate when Trump stated that he had offered to send 10,000 troops to D.C. prior to the events of January 6. He knew that crowd control might be needed. However, then-Speaker of the House Nancy Pelosi and the Mayor of D.C. turned down his offer. Of course, President Trump was then later impeached over what happened at the Capitol.

Also, the Democrats are scrambling after Biden’s pitiful showing. Prior to the debate, I didn’t think that replacing Biden as the Democrat nominee was possible – now I truly believe the option is on the table after the freakout in the mainstream media following last night’s debate. For example, CNN’s Van Jones was on the verge of tears over Biden’s performance. 

The Democrat Party could try to get Biden to step aside or force Biden out before the convention. Possible replacement candidates likely include Vice President Kamala Harris, former presidential nominee Hillary Clinton, California Governor Gavin Newsom, and former First Lady Michelle Obama. Yet Biden has already stated that he will not step aside, making replacing him that much more difficult for the Democrats.

As you know, the ACLJ is at the forefront of the fight for life, and a key moment in last night’s debate involved the discussion on abortion. While most Democrats expected Biden to be able to score easy points with soccer moms and young women, the President failed miserably. He gave an incoherent defense of Roe, and Trump was able to point out the radicalism of the far Left’s pursuit of abortion up to birth and even after birth. Even the Young Turks, who are as far Left as it gets, announced that Trump won the night on the issue of abortion.

Today’s Sekulow broadcast included a full analysis of the Supreme Court’s ruling on the Fischer case. We also discussed Biden’s subpar performance throughout last night’s debate. Former Acting Director of National Intelligence Ric Grenell reacted to last night’s debate as well.

Watch the full broadcast below: