As I have said repeatedly—and Jack Smith confirmed here—Arctic Frost would have made the Jan 6 investigation look like a cakewalk.

Smith was preparing to indict hundreds of GOP lawmakers, WH officials, MAGA-associated groups, influencers, and the president himself (again)—and perhaps even media organizations—under Arctic Frost.

There is no federal crime related to “blocking the peaceful transfer of power”—which by the way, Jack Smith, happens on January 20, not January 6.

But Smith and his team undoubtedly were collecting evidence to bring more conspiracy and obstruction charges against these individuals and groups.

But by the end of 2023, Smith ran up against two potential SCOTUS roadblocks: the presidential immunity question out of the J6 case in Washington AND the Fischer decision related to the lawful use of the 1512(c)2 obstruction statute in Jan 6 cases.

The latter decision, issued in June 2024, handed a blow to Smith’s effort to criminalize free speech and political activity. SCOTUS held that the post-Enron corporate fraud statute required some evidence of document tampering/destruction. That’s not, however, how the Biden DOJ applied the statute in 300+ cases—so those charges/convictions were systematically tossed.

So, Smith essentially lost the ability to use 1512—which represented 2 of 4 counts in his J6 indictment against Trump and would not have survived a Fischer-like challenge before SCOTUS again—in potential Arctic Frost prosecutions.

Even though Smith probably believed the “fake electors” certificates would have met the documents threshold. (Doubtful)

But he likely planned to use the conspiracy against rights charge he brought against Trump to these targets.

Lawmakers and WH officials and journalists were not being “spied on” or even considered potential witnesses.

They were under investigation by this scumbag, his henchmen in special counsel office, and his puppet masters in the Biden DOJ and White House.

Don’t lose sight of this—and what the country avoided with Trump’s win in 2024.

https://x.com/SenTedCruz/status/2104976722659578003/video/1

JULIE KELLY