A partially released report by Special Counsel Jack Smith reveals that former President Donald Trump would likely have been convicted of illegally attempting to overturn the 2020 presidential election had he not been re-elected in 2024.
The report states that the evidence against Trump was “sufficient to obtain and sustain a conviction at trial.” However, the U.S. Constitution prohibits the prosecution of a sitting president, leading to the dismissal of the case following Trump’s 2024 electoral victory.
Trump responded on his Truth Social platform, calling Smith “deranged” and the findings “fake.” He has consistently denied wrongdoing.
Trump, accused of pressuring officials to reverse the 2020 election results, knowingly spreading false claims of election fraud, and exploiting the January 6 Capitol riot, spent four years out of office before his re-election in November 2024. His imminent return to the presidency prompted the dismissal of legal actions against him.
Smith, appointed in 2022 to oversee U.S. government investigations into Trump, asserted in the report that he “stands fully behind” the strength of the evidence and the decision to bring the case to trial.
The report highlights Trump’s alleged “unprecedented efforts to unlawfully retain power” through threats and encouragement of violence. It also details “significant challenges” faced by investigators, including Trump’s use of social media to target witnesses and judicial officials.
The 137-page document, sent to Congress early Tuesday, followed months of legal disputes. Judge Aileen Cannon allowed the partial release but scheduled a hearing on whether to disclose the second part, which addresses allegations that Trump illegally retained classified documents at his Mar-a-Lago residence in Florida.
Trump faces separate allegations regarding classified government documents. Two of his associates, Walt Nauta and Carlos De Oliveira, are accused of assisting him in concealing the materials. Their cases remain active, while Trump maintains his innocence and has dismissed all charges as politically motivated.
Smith’s report underscores the constitutional limitation preventing the prosecution of a sitting president, stating, “The department’s view that the Constitution prohibits the continued indictment and prosecution of a president is categorical.”
The report concludes that the 2024 election raised unprecedented legal questions about prosecuting a private citizen who becomes president after indictment.
Posting online, Trump reiterated his innocence and mocked the special counsel, claiming, “THE VOTERS HAVE SPOKEN!” He accused Smith of failing to bring the case to trial before the election.
