Smith Report: Trump Would Have Been Convicted

DOJ releases report on election interference, as Trump taunts 'deranged' special counsel
By John Johnson,  Newser Staff
Posted Jan 14, 2025 6:01 AM CST
Smith Report: Trump Would Have Been Convicted
Special counsel Jack Smith speaks to the media on Aug. 1, 2023. Smith has since resigned.   (AP Photo/J. Scott Applewhite, File)

Donald Trump won more than the election in November, argues Jack Smith. Because of the win—and only because of the win—Trump was able to escape what would surely have been a conviction on election-interference charges, the former special counsel says, reports the Wall Street Journal. Smith's long-awaited report explaining why he brought charges against Trump was released late Monday. Details:

  • Read the 137-page report in full here.
  • Takeaway quote: Smith referenced the Justice Department's decision to drop the case only because Trump would be a sitting president. "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," the report reads. "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."

  • The interference: Many of the details already have been made public, notes the Washington Post. Smith alleges Trump pressured election officials in swing states, attempted to submit fake slates of electors, ordered investigations into false claims of voter fraud, and pushed VP Mike Pence to disrupt to certification of results, among other things.
  • The violence: Smith also blamed the Capitol riot directly on Trump, "quoting from the evidence in several criminal cases of people charged with taking part in the riot who made clear that they believed they were acting on Mr. Trump's behalf," per the New York Times. The report blames Trump for repeatedly encouraging "violence against his perceived opponents."
  • Trump taunts: In a Truth Social post after the report's release, Trump used his usual description of Smith as "deranged" and said the election vindicated him. "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."
  • Smith's letter: In a letter accompanying his report to the attorney general, Smith rejected Trump's claim of "complete exoneration," reports Politico. "That is false," he writes.
(More Jack Smith stories.)

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