Apparently Jack Smith gave his opening statement to a few reporters ahead of his closed door testimony today.
While Smith talks big and acts like the only reason his Jan 6 case went bye bye is because Trump won the election...let's talk a little trip down memory lane.
SCOTUS gutted a big part of the J6 indictment in its immunity decision issued July 1. Smith was then forced to remove at least nine pages from the original indictment--anything that dealt with the president's communications with DOJ officials including Jeff Clark. (Smith also had to remove Clark as an unindicted co-conspirator.)
While Smith kept in the comms with Mike Pence, it is very likely SCOTUS--who had warned as much in the immunity ruling--would have determined those acts fell within protected "outer perimeter" functions of the presidency.
That would have left Smith with the flimsy "fake electors" portion of the J6 indictment--hardly enough to convict a former president even in DC.
Adding to Smith's problems at the time was a separate SCOTUS decision in Fischer v. US. The Court overturned how the DOJ had used 1512c2, the post-Enron corporate accounting statute, against hundreds of J6ers. Two of the four counts in Smith's J6 indictment related to 1512, which would have required the impairment or destruction of evidence.
Just like the Florida docs case---Smith's J6 case was falling apart in DC as well.