A final report by Special Counsel Jack Smith, released Tuesday, concluded that former President Donald Trump would have been convicted in the federal election case if his 2024 presidential victory had not prevented the prosecution from continuing.
Smith's office stood firmly behind the merits of the prosecution, emphasizing that the admissible evidence was sufficient for a conviction at trial. However, Department of Justice policy prohibits indicting or prosecuting a sitting president, regardless of the seriousness of the charges.
The 137-page report, which focused on Trump’s efforts to overturn the 2020 election results, delivered a scathing rebuke of the president-elect. Smith accused Trump of attempting to retain power through an "unprecedented criminal effort" that struck at the core of American democracy.
The report also described Trump's role in inciting violence during the weeks leading up to the January 6 Capitol riot, pointing to evidence from riot participants who claimed they acted on Trump’s behalf.
Smith’s investigation involved over 250 interviews and grand jury testimony from 55 witnesses. The report acknowledged challenges the prosecution faced, including legal disputes over executive privilege and Trump’s use of social media influence to target witnesses and court officials.
It also highlighted how Trump’s candidacy created an unprecedented challenge for prosecutors as they attempted to hold him accountable while he ran for office.
The report detailed the traumatic experiences of Capitol Police officers during the January 6 riot, recounting instances of severe physical and emotional harm. Officers described their efforts to protect congressional staff and prevent rioters from causing more harm.
Despite this, Trump has vowed to pardon many January 6 defendants, including those convicted of assaulting police officers.
While Smith’s report did not present significant new information, it reiterated the strength of the case against Trump, including evidence of three interrelated conspiracies to overturn the 2020 election. Smith's office had considered charges against other individuals but decided against further indictments.
The report emphasized that no conclusions were drawn about the culpability of unindicted individuals, and the evidence gathered remains classified.
Trump responded angrily to the report’s release, calling Smith “deranged” and accusing the prosecution of being a political attack.
On social media, Trump declared, “Jack is a lamebrain prosecutor who failed to get his case tried before the election. THE VOTERS HAVE SPOKEN!”
The Justice Department policy that prevents prosecuting sitting presidents has drawn criticism, with some viewing it as a loophole enabling Trump to escape accountability for serious allegations.
Smith’s report also referenced the separate classified documents case against Trump, which remains sealed due to ongoing legal proceedings involving co-defendants Walt Nauta and Carlos De Oliveira.
The report’s release follows contentious legal battles, with Trump’s lawyers denouncing it as a politically motivated attempt to undermine his presidency.
Judge Aileen Cannon, overseeing the classified documents case, has delayed the release of related findings until legal matters involving the co-defendants are resolved.
As Trump prepares to take office again, the report underscores the complexities of prosecuting a sitting president and the challenges posed by his influence over public and political narratives.
Whether the findings will have any lasting impact on Trump’s presidency remains to be seen.