By Steve Neavling
Jack Smith, the special counsel who charged President-elect Donald Trump with attempting to unlawfully remain in power after his 2020 election defeat, declared in a final report released early Tuesday that the evidence presented would have been sufficient to secure a conviction had Trump’s 2024 election win not rendered the prosecution moot.
“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,” Smith wrote in the report, The New York Times reports.
Smith’s findings emphasized that the evidence was not only credible but robust enough to sustain a 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,” Smith stated.
The Justice Department released the 137-page report, covering half of Smith’s overall findings, to Congress just after midnight on Tuesday. The other volume, which pertains to Trump’s federal case on mishandling classified documents, remains under wraps. The report’s release marks the culmination of a legal journey that highlighted allegations of criminality at the highest level, casting a stark light on the nation’s democratic vulnerabilities.
Although Smith resigned from his role as special counsel last week, the report underscored the meticulous investigation and the compelling evidence gathered against Trump. It served as both a legal document and a searing critique of Trump’s actions in the wake of the 2020 election.
In his report, Smith accused Trump of attempting to subvert democracy by reversing the results of a free and fair election. Smith also condemned Trump’s behavior during the volatile period between Election Day and Jan. 6, 2021, for fostering violence against perceived adversaries. He directly attributed the attack on the Capitol to Trump, citing statements from criminal defendants who believed they were acting at Trump’s behest.
Smith’s report provided harrowing accounts from Capitol Police officers who faced brutal violence during the riot. One officer described the struggle to protect congressional staff members from rioters, fearing that failure could lead to “possible death.” Another officer recalled wondering how rioters might treat staffers or press members, noting, “We can take the beating. And I don’t know if these other people can take the beating, too.”
These vivid descriptions were particularly striking in light of Trump’s repeated promises to pardon Jan. 6 defendants, including those who assaulted officers. The report highlighted this as a sharp contrast to the evidence of violence and trauma recounted by law enforcement.
Smith’s investigation was extensive, involving interviews with over 250 people and grand jury testimony from more than 55 witnesses. He noted that while the House committee’s work was valuable, it represented only a fraction of the evidence his office collected.
The report concluded with a defense of the decision to prosecute Trump, emphasizing the unprecedented nature of his actions. “Mr. Trump’s criminal effort to overturn the legitimate results of the election in order to retain power stands as an unparalleled assault on American democracy,” Smith wrote.
