In a groundbreaking report published on Tuesday, U.S. Special Counsel Jack Smith concluded that former President Donald Trump engaged in an “unprecedented criminal effort” to retain power after his defeat in the 2020 election. The report details Smith’s decision to bring a four-count indictment against Trump, accusing him of plotting to obstruct the collection and certification of votes following his loss to Democratic President Joe Biden.
The report asserts that sufficient evidence existed to convict Trump at trial. However, the imminent return to the presidency, set for January 20, made proceeding with the case impossible. Smith, who has faced relentless criticism from Trump, defended his investigation and the team of prosecutors involved.
“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,” Smith wrote in a letter accompanying the report.
Reacting to the release, Trump took to his Truth Social platform, labeling Smith a “lamebrain prosecutor who was unable to get his case tried before the election.” Trump’s legal team also weighed in, with his lawyers sending a letter to Attorney General Merrick Garland calling the report a “politically motivated attack” and arguing that its release ahead of Trump’s return to the White House would harm the presidential transition.
Notably, the report reveals that prosecutors considered charging Trump under the Insurrection Act for inciting the January 6, 2021, attack on the U.S. Capitol. Ultimately, they concluded that such a charge posed legal risks and that there was insufficient evidence to prove Trump intended the full scope of violence that unfolded during the riot—a failed attempt by a mob of his supporters to halt Congress from certifying the election results.
The indictment against Trump included charges of conspiring to obstruct the election certification, defrauding the United States of accurate election results, and depriving U.S. voters of their voting rights. While Smith’s office determined that charges might have been justified against certain co-conspirators accused of aiding Trump, the report states that prosecutors reached no final conclusions regarding additional indictments.
A separate section of the report addresses Smith’s case accusing Trump of illegally retaining sensitive national security documents after leaving office in 2021. The Justice Department has withheld making that portion public, pending ongoing legal proceedings against two Trump associates charged in connection with the case.
Smith, who departed from the Justice Department last week, dropped both cases against Trump following the latter’s victory in last year’s election, citing a longstanding department policy against prosecuting a sitting president. Neither case went to trial.
Trump has pleaded not guilty to all charges, consistently dismissing the investigations as politically motivated attempts to undermine his campaign and influence. Frequently criticizing Smith as “deranged,” Trump has portrayed the legal actions as attacks on his political movement.
In the days leading up to the report’s release, Trump and his two former co-defendants in the classified documents case sought to block its publication, arguing that it could impact his upcoming return to office on January 20. However, courts rejected their efforts to prevent the report from being made public.
