By United States Department of Justice
Special counsel Jack Smith, whose office charged President-elect Donald Trump with unlawfully attempting to retain power after the 2020 election loss, stated in a significant final report released early Tuesday that he believed his team had gathered sufficient evidence to secure a conviction if the case proceeded to trial. However, Smith noted in the 174-page report, dated January 7 and directed to Attorney General Merrick Garland, that Trump’s election to a second term in November rendered the case unfeasible.
According to the Department, the Constitution clearly prohibits the continued indictment and prosecution of a sitting President. This position is unwavering and does not depend on the seriousness of the charges, the strength of the Government’s case, or the merits of the prosecution, which the Office completely endorses,” Smith noted in the report.
“Furthermore, if Mr. Trump had not been elected and was not about to reclaim the Presidency, the Office concluded that the evidence available would have been sufficient to achieve and maintain a conviction at trial,” Smith remarked.
Jack Smith mentioned that his team contemplated pursuing a more severe charge against Trump, specifically a breach of the Insurrection Act, after determining that there were “reasonable arguments that it might apply.”
The Insurrection Act states that anyone who “incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or its laws, or provides aid or comfort to such actions,” could face fines, imprisonment for up to 10 years, and would be disqualified from holding any office in the United States, as outlined in the report.
Trump and his legal team attempted to block the report’s release on several grounds, arguing it would disrupt his plans to assume office on January 20. However, late Monday night, Judge Aileen Cannon in Florida rejected Trump’s emergency motion to stop the report from being published.
After Trump secured victory in the 2024 election last November, judges dismissed the charges in both cases at Smith’s request, following the long-standing Justice Department policy against prosecuting sitting presidents. Special counsels usually prepare reports detailing their findings and the rationale behind their decisions regarding potential charges. In response to the report’s publication, Trump took to Truth Social to criticize Smith and the congressional committee that investigated the January 6, 2021, attack on the U.S. Capitol by a group of Trump supporters.
Before the report was made public, Trump’s attorneys were permitted to examine it. In their letters, they referred to it as a “lawless publicity stunt,” while Smith noted that they did not challenge any factual elements of the report. Trump claims that Garland’s appointment of Smith was invalid, which resulted in Judge Cannon dismissing the classified documents case. Jack Smith did appeal her ruling but chose to withdraw it after Trump’s election.
