Donald Trump would have been convicted of attempting to overturn the 2020 presidential election result had he not secured re-election in 2024, according to a report released by the US Department of Justice (DoJ).
Special Counsel Jack Smith, who led the investigation, stated that the evidence was “sufficient to obtain and sustain a conviction at trial.”
The partially released report details Trump’s alleged efforts to pressure officials, spread false claims of election fraud, and exploit the January 6 Capitol riot to retain power. Trump dismissed the findings as “fake” and described Smith as “deranged,” maintaining his innocence.
Key Findings of the Report
The 137-page document, shared with Congress, accuses Trump of “unprecedented efforts to unlawfully retain power” through various means, including threats and encouraging violence against perceived opponents. It alleges a pattern of deceit, highlighting Trump’s repeated use of knowingly false claims of election fraud as a basis for his actions.
The report also describes significant challenges faced by investigators, citing Trump’s ability to leverage his influence and social media following to intimidate witnesses and target courts and DoJ employees.
Dismissal of the Case
Despite the evidence, the report confirms that the interference case was dismissed after Trump’s 2024 re-election, as the US Constitution prohibits the prosecution of a sitting president. The report states, “But for Mr Trump’s election [in 2024] and imminent return to the presidency, the office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial.”
Smith denied allegations that the investigation was politically motivated, calling such claims “laughable.” In an accompanying letter to Attorney General Merrick Garland, he wrote, “The fact that our team stood up for the rule of law matters.”
Allegations and Legal Battles
The report provides further detail on allegations against Trump, including his pressuring of then-Vice President Mike Pence to block the certification of the 2020 election results. It also outlines Trump’s alleged involvement in spreading disinformation about election fraud and inciting violence during the Capitol riot.
A separate part of the report, focusing on Trump’s alleged mishandling of classified documents after leaving office, remains under judicial review. Judge Aileen Cannon has scheduled a hearing to determine whether this section can be released. Trump’s personal aide Walt Nauta and property manager Carlos De Oliveira, both accused of assisting in hiding the documents, still face pending cases.
Trump’s Response
Posting on his Truth Social platform, Trump declared his innocence, stating, “The prosecutor was unable to get his case tried before the election, which I won in a landslide. THE VOTERS HAVE SPOKEN!!!”
Trump, who returned to the presidency following his 2024 victory, has consistently characterised the investigations against him as politically motivated. His re-election led to the dismissal of both the interference case and the classified documents case, in accordance with DoJ regulations.
Broader Implications
The report raises questions about accountability and the limitations of prosecuting a sitting president. It highlights the challenges prosecutors face when balancing constitutional protections with upholding the rule of law. The document also underscores a legal grey area, as it notes that Trump’s re-election posed “for the first time the question of the lawful course when a private citizen who has already been indicted is then elected president.”
Smith’s investigation was initiated in 2022 to address allegations against Trump, including conspiring to overturn the 2020 election result and illegally retaining classified documents. The DoJ’s appointment of a special counsel is standard practice in cases involving potential conflicts of interest.
Next Steps
While the interference case has been closed, the separate allegations concerning classified documents and Trump’s associates remain unresolved. Legal proceedings involving Nauta and De Oliveira continue, with concerns raised over the potential impact of the report’s release on their trials.
As Trump prepares to resume office, the release of the report highlights the ongoing tensions between the judiciary and the executive. The findings are likely to fuel further debate over the intersection of law, politics, and presidential power in the United States.
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