Jack Smith, appointed as special counsel to investigate Donald Trump's efforts to overturn the 2020 election, has released a comprehensive report detailing the findings of his investigation. This investigation followed the insurrection at the U.S. Capitol on January 6, 2021. Smith's report accuses Trump of illegally retaining sensitive national security documents after leaving the White House. However, due to Trump's victory in the 2024 presidential election, Smith acknowledges that charges could not be pursued further.
The report submitted to Attorney General Merrick Garland will remain partially confidential as legal proceedings against two Trump associates continue. Smith addressed accusations of political motivation directed at him and his team, emphasizing the objectivity of their work.
“My office had one north star: to follow the facts and law wherever they led. Nothing more and nothing less.” – Jack Smith
Despite pleading not guilty to all charges, Trump was impeached for his role in instigating the January 6 riot. He faced a congressional panel's accusation of participating in a "multi-part conspiracy" and was indicted by the Justice Department on four counts, including "conspiracy to defraud" the United States. The report underscores Trump's persistent spread of "demonstrably and, in many cases, obviously false" claims regarding the 2020 election.
Smith highlighted a crucial factor in dropping charges against Trump: the Justice Department's policy preventing the prosecution of a sitting president. This policy played a pivotal role after Trump secured a victory in the 2024 election.
“The department’s view that the constitution prohibits the continued indictment and prosecution of a president 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,” – Jack Smith
According to Smith, Trump's success in the 2024 election made it impossible to continue prosecution, despite evidence deemed sufficient for conviction.
“Indeed, 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.” – Jack Smith
Trump and his legal team have denounced Smith's report as a "political hit job," alleging it aimed to disrupt the presidential transition. They engaged in a protracted legal battle to prevent its public release. Smith refuted these allegations.
“To all who know me well, the claim from Mr Trump that my decisions as a prosecutor were influenced or directed by the Biden administration or other political actors is, in a word, laughable.” – Jack Smith
The report also notes Trump's strategy of making election claims only to state legislators and executives aligned with his political affiliation in states he lost.
“Significantly, he made election claims only to state legislators and executives who shared his political affiliation and were his political supporters, and only in states that he had lost.” – Jack Smith
Smith recently left the Justice Department after completing his investigation. His letter to Garland reflects on the team's dedication to upholding justice.
“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.” – Jack Smith