Donald Trump, who recently secured re-election as president in 2024, would have likely faced conviction for his alleged illegal efforts to overturn the results of the 2020 presidential election had he not returned to office, according to the lead investigator in the case.
Special Counsel Jack Smith, in a partially disclosed report, stated that there was “sufficient evidence to secure a conviction at trial.” Donald Trump dismissed Smith’s claims, calling him “deranged” and describing the findings as “fabricated.”
The allegations against Trump included pressuring officials to change the 2020 election outcome, spreading knowingly false claims of voter fraud, and leveraging the January 6, 2021, Capitol riot for personal gain. Trump consistently denied wrongdoing.
After serving one term and then four years out of office, Trump won the presidency again in November 2024 and is set to assume the role next week. His legal challenges, including the election interference case, have since been dropped.
The Department of Justice (DoJ) shared parts of Smith’s report with Congress, shedding light on why the investigation proceeded and why it was ultimately closed.
- The report accused Trump of making “unprecedented attempts to unlawfully retain power,” which included “threats and incitement of violence against perceived adversaries.”
- It stated that Trump’s actions were driven by “deceit—intentionally false claims of election fraud.”
- Investigators faced “significant challenges,” including Trump’s use of social media influence to target witnesses, courts, and DoJ staff.
- The report acknowledged that prosecuting a sitting president is prohibited under the US Constitution.
- Smith wrote: “Were it not for Trump’s 2024 election victory and impending return to office, the available evidence would have been sufficient to secure a conviction.”
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Smith also addressed concerns about political motivations, writing in an accompanying letter that any suggestion of bias from the Biden administration was “utterly baseless.” He emphasized that his team upheld the rule of law, even though they could not bring the case to trial.
The 137-page report was submitted to Congress after extensive legal deliberations. A judge is expected to rule on the release of its second section, which pertains to separate allegations of Trump retaining classified documents at his Florida residence.
Trump has maintained his innocence, asserting on his Truth Social platform that Smith failed to prosecute him before the election, which he claimed to have won by a wide margin. “The voters have spoken!” he wrote.
Smith, appointed in 2022 to lead investigations into Trump, initially brought criminal charges related to the 2020 election and the handling of classified materials. Trump pleaded not guilty to all charges, labeling the cases as politically driven.
Ultimately, Smith closed the cases following Trump’s 2024 victory, adhering to DoJ regulations prohibiting the prosecution of a sitting president. The report emphasized that this decision was based on constitutional restrictions, regardless of the seriousness of the alleged crimes or the strength of the evidence.
The legal debate surrounding the report also involved concerns about its impact on related cases. Two Trump associates Walt Nauta, his personal aide, and Carlos De Oliveira, a Mar-a-Lago property manager remain under indictment in the classified documents case. Their lawyers argued that releasing the full report could prejudice future trials.