Trump attorneys argue Jack Smith's obstruction charges be dismissed citing Supreme Court's 'Fischer' decision

Trump attorneys filed a memo Thursday in support of their motion to dismiss all charges brought against the former president by Special Counsel Jack Smith, discussing the Supreme Court’s recent decision in Fischer v. United States, which they believe further supports their argument to dismiss the obstruction charges.

The filing Thursday comes as Trump attorneys are using two blockbuster Supreme Court decisions—United States v. Trump, which dealt with presidential immunity, and United States v. Fischer, which dealt with obstruction—to attack the legal theories pressed by Special Counsel Jack Smith.

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Trump attorneys filed a motion to dismiss all charges brought against the former president by Smith last year, but the case was stayed. The filing Thursday is a reply brief to their motion seeking dismissal of all charges.

Trump attorneys in their brief on Thursday said Smith’s superseding indictment against the former president, which was filed after the Supreme Court ruled that presidents and former presidents had immunity from official acts, "seeks to assign blame for events President Trump did not control and took action to protect against."

"The Special Counsel blatantly ignores the fact that federal prosecutors have taken the opposite position in this District," the filing states. "It is apparently of no consequence, to the Office and those who support their efforts, that former Speaker of the House Nancy Pelosi was caught on a previously undisclosed video accepting ‘responsibility’ for the events at the Capitol."

Trump attorneys also argue that General Mark Milley acknowledged, "long before charges were brought in this case" that Trump "had