Special counsel Jack Smith’s long-awaited report on Donald Trump’s 2020 election interference case argues that the president-elect would’ve been convicted at trial had he not won the 2024 presidential election.
The 174-page report, obtained by multiple outlets Tuesday after lawyers for the incoming president failed to stop its release, outlines the investigative process Smith took in his case against Trump after being appointed special counsel by Attorney General Merrick Garland shortly after Trump launched his 2024 White House bid.
“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’s conclusion.
“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,” he added.
The report was delivered to Congress by the Justice Department just after midnight Tuesday after a last-ditch attempt by Trump’s legal team to block its release was rejected by South Florida US District Judge Aileen Cannon late Monday night.
It is one of two volumes put together by Smith detailing the federal investigations into Trump.
The second volume, which relates to the classified documents case dismissed by Cannon last July, has not been made public as Smith is still pursuing charges against Trump’s two former co-defendants in the case – Walt Nauta and Carlos De Oliveira.
