 would be wise to shut down the special counsel investigation, blame its failure on the Supreme Court, and leave the question of Trump's responsibility up to the people in November. But I say it's doubtful Smith will give in so easily. Judge Tonya Chutkin certainly has her work cut out for her, he told the Daily Caller. The Fisher ruling alone makes it hard to see how the two charges alleging Trump obstructed, attempted to obstruct, or conspired to obstruct will survive.