WASHINGTON — Special counsel Jack Smith’s report, released Tuesday, asserts his team upheld the rule of law in investigating President-elect Donald Trump’s attempts to overturn the 2020 election results. He maintains the charges would have led to a conviction had Trump not won re-election.
The report highlights that Trump’s actions were rooted in deceit—knowingly false claims of election fraud—used to undermine a fundamental aspect of the U.S. democratic process.
Released days before Trump’s return to office, the report re-examines his unsuccessful bid to retain power in 2020. With the prosecution halted due to Trump’s victory, the document serves as the Justice Department’s final account of this event that threatened the peaceful transfer of power. It supplements previously released indictments and reports.
Trump faced August 2023 indictments for attempting to overturn the election. However, appeals and a Supreme Court ruling granting former presidents broad immunity from prosecution for official acts significantly narrowed the case.
Despite Smith’s efforts, the indictment was dropped in November due to Justice Department policy preventing the prosecution of sitting presidents. The report emphasizes that this policy is absolute and doesn’t depend on the severity of the alleged crimes, the strength of evidence, or the merits of the prosecution itself, which the office fully supports. It states that, absent Trump’s election, sufficient evidence existed for a conviction.
The Justice Department provided the report to Congress Tuesday after a judge rejected efforts to block its release. A separate section concerning Trump’s handling of classified documents at Mar-a-Lago, which formed the basis of a separate indictment, remains confidential.
While many details of Trump’s actions are known, the report offers Smith’s assessment of the investigation and refutes allegations of political bias or White House collaboration, deeming such claims “laughable.”
Smith’s letter to Attorney General Merrick Garland emphasizes the importance of upholding the rule of law, regardless of personal cost.
The report details investigative challenges, including Trump’s use of executive privilege to obstruct witness testimony, leading to sealed court battles.
Another challenge stemmed from Trump’s use of his influence and social media to target witnesses and courts, prompting prosecutors to seek a gag order.
Smith notes this intimidation was consistent with Trump’s behavior during the alleged conspiracies.
The report highlights Trump’s use of social media to attack officials who resisted his false claims of election fraud.
Smith explains the decision not to charge Trump with incitement (due to free speech concerns) or insurrection (due to his presidential status and lack of precedent for prosecuting such a case against a sitting president).
—Associated Press writer Zeke Miller contributed to the report.