Special counsel Jack Smith’s final report, released on January 7, 2025, reveals that his team had gathered sufficient evidence to convict former President Donald Trump of trying to overturn the 2020 election results. However, the report states that Trump’s election to a second term in November made proceeding with the case impossible.
Smith, whose office had previously indicted Trump, argued that the Constitution prohibits the indictment and prosecution of a sitting president, regardless of the gravity of the crimes. In the 174-page report addressed to Attorney General Merrick Garland, Smith emphasized that had Trump not been elected back into office, the case would have moved forward and likely led to a conviction.
Additionally, Smith’s team considered bringing more serious charges, including a violation of the Insurrection Act, but ultimately chose not to pursue them.
Trump’s legal team fought to block the release of the report, claiming it would interfere with his transition to office. However, a judge ruled against his motion, and the report was delivered to Congress shortly before Trump’s inauguration. The report marks the end of an extraordinary legal investigation into Trump’s actions surrounding the 2020 election.
Trump responded to the release on social media, calling it a political attack and claiming that the report ignored exonerating evidence. His comments also included attacks on Smith and the congressional committee that investigated the January 6 Capitol riot.
The report details Trump’s alleged attempts to subvert the electoral process, including pressuring officials in key states, attempting to overturn election results, and inciting the January 6 violence. Smith’s report defends the prosecution, arguing that protecting voter rights and ensuring the peaceful transfer of power was crucial.
While Trump’s election victory in 2024 led to the dismissal of both of Smith’s cases, the report provides an in-depth view of the investigation. It offers a final defense for prosecuting Trump to safeguard American democracy.
