Will Scharf to Newsmax: Court's J6 Decision Repudiates Biden's DOJ

It's "impossible" to consider the Supreme Court's ruling making it more difficult to charge Jan. 6 defendants with obstruction as anything but a "pretty stunning repudiation" of the Department of Justice's "overly aggressive" tactics under President Joe Biden, Will Scharf, an attorney for former President Donald Trump, said on Newsmax Friday.

"What's really at the heart of this issue is the DOJ's attempt to convert misdemeanor conduct into felony conduct, using a wildly overbroad interpretation of this Enron era evidence destruction statute," Scharf, who is campaigning for attorney general in Missouri, told Newsmax TV's "Newsline."

"I think the Supreme Court saw through that. I think this is a very strong opinion that hopefully will provide a lot of relief to Jan. 6 defendants."

The justices ruled that to charge a defendant with obstructing an official proceeding, a rule enacted in 2002 in connection with the Enron Corp. financial scandal, there must be proof that the defendants had tried to destroy or tamper with documents.

In the case of the Jan. 6 defendants, there were only some that had fallen into that category.

The ruling could also affect the case of obstruction brought by special counsel Jack Smith in Washington, D.C., noted Scharf.

"Two of the cases in that case are 1512(c)(2) charges," said. "Our team is reviewing this opinion. We're trying to see how exactly it applies to our facts and our case."

Still, the ruling marks a "great day for everybody who has been dissatisfied and disappointed with the way that the Biden administration has weaponized the Department of Justice and weaponized prosecution against its political opponents," he said.

Meanwhile, Jim Trusty, another Trump attorney and federal prosecutor, said that the ruling could be a "get-out-of-jail" card for anyone who has already been sent to jail on the obstruction charges.

"If you've been convicted and sent to prison on this 1512(c)(2) and it is your lead count or your only count, then you are absolutely getting a get-out-of-jail card," said Trusty. "If it is something where it's mixed in with other felonies, the judges have proven that they can be pretty dexterous, pretty adept at reconfiguring on a new sentencing and coming to the same bottom line."

Smith has already indicated that his "inventiveness will continue" when it comes to Trump, said Trusty.

"When you stretch the law to meet certain facts because you've got a target in mind more than you have justice, it ends up with bad case law," he added.

Scharf also discussed Thursday night's debate and Biden's troubled performance.

"In 1919, President Woodrow Wilson suffered a stroke that essentially left him incapacitated for the remainder of his term as president," said Scharf. "His wife and his effective chief of staff, Colonel [Edward] House, essentially ran the country under his name for almost two years. We're not quite in that situation here."

Still, there are serious questions about Biden's cognitive ability and his readiness to make tough decisions, and "last night's debate is supercharging all those questions," said Scharf.

"I think his unfitness for office is apparent to anybody who watched that debate last night, and I'm hopeful we get some resolution of all of this in the coming weeks," he said.

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