The special counsel who investigated and charged Donald Trump over his attempts to subvert the 2020 election said in a final report released by the U.S. Justice Department early Tuesday that the former president would have been convicted for “a series of criminal efforts to retain power” had he not won another White House term in November.
“But for Mr. Trump’s election and imminent return to the presidency, the office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial,” wrote Jack Smith, who resigned from the Justice Department late last week ahead of Inauguration Day.
Smith pointed to the Justice Department’s view that “the Constitution prohibits the continued indictment and prosecution of a president,” a position he said is “categorical and does not turn on the gravity of the crimes charged, the strength of the government’s proof, or the merits of the prosecution, which the office stands fully behind.”
The report, which Trump’s legal team sought to bury, is the first of two volumes that Smith’s team produced following the completion of its investigations into the former president’s unlawful election interference and hoarding of classified documents. Smith dropped the two cases shortly after Trump’s victory in the 2024 election.
According to the Justice Department, Smith has urged that the volume on the classified documents probe not be released to the public while the case against Trump’s former co-defendants is still pending.
In the newly released report, Smith detailed how Trump and his allies tried to “induce state officials to ignore true vote counts,” manufactured “fraudulent slates of presidential electors in seven states that he had lost,” directed “an angry mob to the United States Capitol to obstruct the congressional certification of the presidential election,” and leveraged “rioters’ violence to further delay it.”
“In service of these efforts, Mr. Trump worked with other people to achieve a common plan: to overturn the election results and perpetuate himself in office,” the report added.
Trump responded furiously to the report’s release, ranting on social media that “Deranged Jack Smith was unable to successfully prosecute the Political Opponent of his ‘boss,’ Crooked Joe Biden, so he ends up writing yet another ‘Report’ based on information that the Unselect Committee of Political Hacks and Thugs ILLEGALLY DESTROYED AND DELETED, because it showed how totally innocent I was, and how completely guilty Nancy Pelosi, and others, were.”
In his introduction to the report, Smith rejected as “laughable” Trump’s claim that the investigations were politically motivated or influenced in any way by the Biden administration.
“While we were not able to bring the cases we charged to trial, I believe the fact that our team stood up for the rule of law matters. I believe the example our team set for others to fight for justice without regard for the personal costs matters,” Smith wrote. “The facts, as we uncovered them in our investigation and as set forth in my report, matter. Experienced prosecutors know that you cannot control outcomes, you can only do your job the right way for the right reasons. I conclude our work confident that we have done so, and that we have met fully our obligations to the department and to our country.”
We’re not backing down in the face of Trump’s threats.
As Donald Trump is inaugurated a second time, independent media organizations are faced with urgent mandates: Tell the truth more loudly than ever before. Do that work even as our standard modes of distribution (such as social media platforms) are being manipulated and curtailed by forces of fascist repression and ruthless capitalism. Do that work even as journalism and journalists face targeted attacks, including from the government itself. And do that work in community, never forgetting that we’re not shouting into a faceless void – we’re reaching out to real people amid a life-threatening political climate.
Our task is formidable, and it requires us to ground ourselves in our principles, remind ourselves of our utility, dig in and commit.
As a dizzying number of corporate news organizations – either through need or greed – rush to implement new ways to further monetize their content, and others acquiesce to Trump’s wishes, now is a time for movement media-makers to double down on community-first models.
At Truthout, we are reaffirming our commitments on this front: We won’t run ads or have a paywall because we believe that everyone should have access to information, and that access should exist without barriers and free of distractions from craven corporate interests. We recognize the implications for democracy when information-seekers click a link only to find the article trapped behind a paywall or buried on a page with dozens of invasive ads. The laws of capitalism dictate an unending increase in monetization, and much of the media simply follows those laws. Truthout and many of our peers are dedicating ourselves to following other paths – a commitment which feels vital in a moment when corporations are evermore overtly embedded in government.
Over 80 percent of Truthout‘s funding comes from small individual donations from our community of readers, and the remaining 20 percent comes from a handful of social justice-oriented foundations. Over a third of our total budget is supported by recurring monthly donors, many of whom give because they want to help us keep Truthout barrier-free for everyone.
You can help by giving today. Whether you can make a small monthly donation or a larger gift, Truthout only works with your support.