Top 5 takeaways from Jack Smith's final report on Trump's Jan. 6 case
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Demonstrators gather at the Capitol on Jan. 6, 2021. Photo: Eric Lee/Bloomberg via Getty Images
President-elect Trump engaged in an "unprecedented criminal effort" to overturn the results of the 2020 election, Special Counsel Jack Smith alleged in the final report of his investigation into Trump's election subversion case.
Why it matters: The report's release early Tuesday came despite Trump's legal efforts to block it, making the Justice Department's findings public less than a week before Trump's inauguration.
What they're saying: Trump lambasted the report in a Truth Social post Tuesday, claiming he was "totally innocent" and calling Smith a "lamebrain prosecutor who was unable to get his case tried before the Election."
State of play: Trump was indicted and charged with conspiracy to defraud the U.S. and other counts for his purported role in the Jan. 6 Capitol riot and the events leading up to it.
- However, the case was dismissed in November following Trump's 2024 victory, in light of longstanding DOJ policy that a sitting president can't be prosecuted.
Here are the top takeaways from the 174-page report:
Conviction at trial
Smith remained convinced he could have convicted Trump for his alleged efforts to subvert to the 2020 election if the case had gone to trial.
- A Justice Department policy prohibiting the prosecution of a sitting president doesn't change the "gravity of the crimes charged, the strength of the Government's proof, or the merits of the prosecution," Smith wrote.
- "But for Mr. Trump's election and imminent return to the Presidency, the Office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial," he added.
Responsibility for Jan. 6
Smith drew a direct line from Trump's actions to the events of the Capitol riot.
- After then-Vice President Pence refused to overturn the electoral college vote count in the Senate, Trump "took aim" at Pence, targeting him in his Jan. 6 rally speech and in a social media post.
- "Taken together, these actions resulted in rioters at the Capitol on January 6 singling out Mr. Pence for their ire and chanting, 'Where is Pence? Bring Him Out!' and, 'Hang Mike Pence!'" the report said.
- Trump's words also "inspired his supporters to commit acts of physical violence" by telling them to "fight like hell" against the purported election fraud.
Trauma of law enforcement officers
The report delved into the trauma experienced by law enforcement officers responding to the breach of the Capitol on Jan. 6.
- 140 law enforcement officers were assaulted during the Capitol riot and at least 123 rioters have so far been charged with using a deadly or dangerous weapon that day or causing serious bodily injury to a law enforcement officer, according to the report.
- "This violence took a lasting toll," the report stated, noting that in addition to physical injuries many officers have experienced psychological trauma and depression as a result of the insurrection.
Prosecutorial independence
In a letter to Attorney General Merrick Garland attached to the report, Smith pushed back against Trump's claims the investigation was corrupt.
- "I want it to be clear that the ultimate decision to bring charges against Mr. Trump was mine," Smith wrote, adding that "nobody within the Department of Justice ever sought to interfere with, or improperly influence, my prosecutorial decision making."
- Trump's claims that Smith's decisions while leading the case were in any way "influenced or directed by" the Biden administration or other political actors is "laughable," Smith noted.
Go deeper: Jack Smith claims in Jan. 6 report: Trump would have been convicted
