Trump would have been convicted if not reelected : US special counsel

January 14, 2025 at 1:36 PM

US Special Counsel Jack Smith concluded that Donald Trump engaged in an “unprecedented criminal effort” to hold onto power after losing the 2020 election, but was thwarted in bringing the case to trial by the president-elect’s November election victory, according to a report published on Tuesday.

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 2020 defeat by Democratic President Joe Biden.

It concludes that the evidence would have been enough to convict Trump at trial, but his imminent return to the presidency, set for Jan. 20, made that impossible.

Smith, who has come under relentless criticism from Trump, also defended his investigation and the prosecutors who worked on it.

“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 detailing his report.

After the release, Trump, in a post on his Truth Social site, called Smith a “lamebrain prosecutor who was unable to get his case tried before the election.”

Much of the evidence cited in the report has been previously made public.

A second section of the report details Smith’s case accusing Trump of illegally retaining sensitive national security documents after leaving the White House in 2021.

The Justice Department has committed not to make that portion public while legal proceedings continue against two Trump associates charged in the case.

Smith, who left the Justice Department last week, dropped both cases against Trump after he won last year’s election, citing a longstanding Justice Department policy against prosecuting a sitting president. Neither reached a trial.

Trump pleaded not guilty to all charges. Regularly assailing Smith as “deranged,” Trump depicted the cases as politically motivated attempts to damage his campaign and political movement. (Reuters)