Special Counsel Jack Smith has released a 174-page report on his investigation into Donald Trump’s actions regarding the 2020 election. The report, obtained by various media outlets, argues that if Trump had not won the 2024 election, he likely would have been convicted in court for interfering in the 2020 election.
Smith, appointed by Attorney General Merrick Garland after Trump announced his 2024 presidential bid, writes in the report that the evidence against Trump was strong enough to secure a conviction. However, due to Trump’s return to the presidency, the Justice Department believes it cannot continue prosecuting him while he holds office.
Smith explained that the Constitution prevents the prosecution of a sitting president, regardless of the crime. He stated that the department’s position on this matter is clear and doesn’t depend on the nature of the crimes or the strength of the evidence. He added that, had Trump not won the election, the case against him would have gone to trial.
The report was sent to Congress early Tuesday morning after a final attempt by Trump’s legal team to block it was rejected by a judge in Florida. This report is one of two volumes Smith compiled about the federal investigations into Trump. The second volume, related to Trump’s classified documents case, hasn’t been released yet as Smith is still pursuing charges against two of Trump’s co-defendants.
Smith also responded to Trump’s claim that the Biden administration influenced the decision to charge him. In the report, Smith called this claim “laughable” and emphasized that his office followed the facts and the law without any political interference. He added that the decision to bring charges against Trump was his alone and he fully stands by it.
In response, Trump criticized Smith on Truth Social, calling him a “deranged” prosecutor. Trump claimed that Smith’s report was based on evidence the now-defunct House Select Jan. 6 Committee had destroyed, which supposedly showed Trump’s innocence and the guilt of others like Nancy Pelosi.