Jack Smith claims in Jan. 6 report: Trump would have been convicted
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Trump supporters clash with police and security forces as people try to storm the U.S. Capitol building in Washington, D.C., on Jan. 6, 2021. Photo: Joseph Prezioso/AFP via Getty Images
President-elect Trump allegedly spread "demonstrably and, in many cases, obviously false" claims about his 2020 election loss in an effort to overturn results, special counsel Jack Smith alleged in the final report of his investigation, published early Tuesday.
Why it matters: The Justice Department closed its investigations in the face of Trump's November election win, but Smith maintains in the report he would have secured a conviction in the case if it had gone to trial.
Driving the news: The Department of Justice published volume one of the report it's sending to Congress early Tuesday.
- "The department's view that the Constitution prohibits the continued indictment and prosecution of a president is categorical and does not turn on the gravity of the crimes charged, the strength of the government's proof or the merits of the prosecution, which the office stands fully behind," Smith wrote in the report first shared with NBC News.
- "Indeed, 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."
The other side: Trump responded to the release of volume one of the DOJ report by calling Smith a "lamebrain prosecutor who was unable to get his case tried before the election" in a post his Truth Social platform early Tuesday.
Zoom in: Smith in a letter to Attorney General Merrick Garland accompanying the report defended his prosecution of Trump, who has repeatedly criticized the special counsel.
- "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.
- "Mr. Trump's letter claims that dismissal of his criminal cases signifies Mr. Trump's 'complete exoneration.' That is false," Smith said, citing the Constitution as a reason for not proceeding.
- However, Smith said this "does not turn on the gravity of the crimes charged, the strength of the Government's proof, or the merits of the prosecution — all of which the Office stands fully behind."
The big picture: The report marks the end of a lengthy legal battle to hold Trump accountable for his purported role in the Jan. 6 Capitol riot and the events leading up to it, which occurred while he was still serving his first term as president.
- He denied any wrongdoing and pleaded not guilty to all federal charges in the case.
- Despite being free of legal danger in the case, Trump waged a protracted legal battle to bar the release of the report, which his lawyers called a "politically motivated manifesto."
Catch up quick: Trump was indicted in 2023 and charged with conspiracy to defraud the U.S., conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding and conspiracy against rights.
- The indictment came months after the House Jan. 6 select committee accused him of taking part in a "multi-part conspiracy to overturn the lawful results of the 2020 Presidential election."
- A superseding indictment in the case was filed in Aug. 2024 in light of the Supreme Court's presidential immunity ruling.
- However, the case was dismissed after Trump's election win in November.
- Representatives for Trump did not immediately respond to Axios' request for comment.
For the record: The Justice Department did not release volume two of the report on Trump's federal classified documents case in Florida because portions of the case against other defendants are ongoing.
- Judge Aileen Cannon has ordered a hearing later this week on whether to release the second part of the report.
Go deeper... READ: Jack Smith's final report on Trump's Jan. 6 case
Editor's note: This article has been updated with new details throughout.
