Smith's Final Report Claims Trump Would Have Been Convicted

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Facts

  • US Special Counsel Jack Smith on Tuesday released a 137-page report detailing his investigation into Pres.-elect Donald Trump's efforts to overturn the 2020 election, asserting that prosecutors had sufficient evidence to obtain and sustain a conviction at trial if Trump hadn't won the 2024 election.[1][2]
  • The Dept. of Justice (DOJ) released volume one of Smith's report covering the 2020 election investigation after US District Judge Aileen Cannon rejected attempts by Trump and his former co-defendants to block it.[3]
  • The second volume, regarding the probe of Trump's handling of classified documents, is still being held back due to pending litigation. Cannon was the judge who dismissed that case in July 2024.[4][5]
  • Smith's investigation included interviews with more than 250 witnesses, grand jury testimony from over 55 people, and examination of voluminous records. Smith wrote that once Trump realized he was unable to lawfully continue challenging the election results, he "resorted to a series of criminal efforts" to remain president.[1]
  • The special counsel considered charging Trump with insurrection, but ultimately decided against it due to the lack of legal precedent and litigation risks associated with employing the long-dormant statute.[6]
  • Trump called Smith "desperate" and "deranged" Tuesday. This comes after Smith resigned from his position after both cases against Trump were dismissed following Trump's victory in the November election.[3][7][8]

Sources: [1]CNN, [2]Document Cloud, [3]Associated Press, [4]FOX News, [5]The Hill, [6]NPR Online News, [7]Truth Social (a) and [8]Truth Social (b).

Narratives

  • Democratic narrative, as provided by The New Republic and MSNBC. Smith and his team clearly stood up for the rule of law with this thorough, unbiased investigation. Trump is only being saved from facing charges by his election win and DOJ policy. The evidence against Trump is so damning that he isn't able to formulate a coherent response to it.
  • Republican narrative, as provided by Daily Caller and Townhall. This entire investigation was a politically motivated witch hunt by an out-of-control prosecutor. Smith's appointment was unconstitutional, and the report represents another attempt to interfere with the peaceful transition of power through false and discredited accusations.