“ The defendant’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, which Fischer expressly held falls within Section 1512(c)(2) [the obstruction statute].
That is, we’re not talking about a run-of-the-mill Jan. 6 rioter here.The Supreme Court said in Fischer that it’s possible to violate the obstruction statute “by creating false evidence.” With that in mind, the government, referring to so-called fake electors, recounts in its new filing that Trump “and others began in early December 2020 to cause individuals to serve as the defendant’s purported electors in several targeted states with the intent that those individuals ‘make and send to the Vice President and Congress false certifications that they were legitimate electors.’”
http://www.msnbc.com/deadline-white-house/deadline-legal-blog/jack-smith-trump-fake-electors-jan-6-case-rcna175886
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