AG Garland Unveils Final Findings on Trump’s Election Subversion Case

A comprehensive report from former Department of Justice prosecutor Jack Smith reveals that had Donald Trump not won the November election, he likely would have faced convictions for attempting to overturn the 2020 presidential election results. The document, released shortly after midnight on Tuesday, follows a lengthy legal battle to make it public.

This 140-page report encapsulates Smith’s investigation, which was ultimately stalled as Trump employed various delays, escalating his claims of presidential immunity up to the Supreme Court. Smith described in detail how Trump sought to undermine Joe Biden’s victory, applying pressure on state officials and then-Vice President Mike Pence to spread false narratives. This culminated in the violent attack on the U.S. Capitol on January 6, 2021.

“As mentioned in the original and revised indictments, once it became evident that Mr. Trump had lost the election and his lawful challenges had faltered, he turned to a series of criminal strategies to cling to power,” Smith stated. Following Trump’s election victory on November 5, Smith closed his federal cases against him.

Smith also emphasized the Department’s position that the Constitution bars continued prosecution of a sitting president. “This view is absolute and does not depend on the severity of the charges or the strength of evidence, which the Office supports,” Smith noted, adding, “But for Mr. Trump’s election, we believed the evidence was strong enough for a conviction.”

A second volume of Smith’s report, which focuses on Trump’s alleged mishandling of classified documents post-presidency, remains unpublished. Legal challenges from Trump’s co-defendants have delayed its release. A federal hearing regarding this second volume is set for later this week in Florida.

In response to the report, Trump took to his Truth Social platform shortly after its release. He called Smith “deranged” and questioned the integrity of the investigation, merging it with the Congressional inquiry into the January 6 incident. He asserted that the report was based on evidence that had been destroyed, which he claimed would have exonerated him.

The legal saga began when a federal grand jury indicted Trump on August 1, 2023, on four counts related to conspiracy and obstruction regarding the elections. Attempts to dismiss the case citing presidential immunity were denied by U.S. District Judge Tanya Chutkan and later by a federal appeals court.

In a pivotal ruling last summer, the Supreme Court clarified that while presidents enjoy certain immunities, they do not shield themselves from criminal prosecution for personal actions. Adjusting to this ruling, Smith refined his investigation, leading to a superseding indictment in late August that maintained the original charges.