Smith Details Evidence in Final Report
Former President Donald Trump has not been exonerated for his “unprecedented criminal effort” to subvert the 2020 election and remain in power despite losing to Joe Biden, according to special counsel Jack Smith. In his final report, Smith outlined the evidence he believes would have led to Trump’s conviction, had the case gone to trial. The Justice Department, however, halted the prosecution after Trump regained the presidency in 2024.
Constitutional Constraints Halt Prosecution
Smith’s report, released early Tuesday, emphasized that the Justice Department’s decision to stop pursuing the case was based on constitutional grounds, not the merits of the evidence or the seriousness of the charges. “The Department’s view that the Constitution prohibits the continued indictment and prosecution of a President is categorical,” Smith wrote. He maintained that the admissible evidence was strong enough to secure a conviction, underscoring the gravity of Trump’s alleged actions.
Classified Documents Investigation Withheld
The Justice Department is currently withholding the second part of Smith’s two-volume report due to a court order. This unreleased section focuses on the investigation into classified documents found at Trump’s Mar-a-Lago residence and the allegations of obstruction during the inquiry. Smith, who recently resigned, expressed full confidence in the strength of the case laid out in the released portion of his report, which has been sent to Congress for review.
