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Trump Faces Conviction Over Election Interference, According to Special Counsel

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Jack Smith, at the time the special counsel, delivers remarks on a recently unsealed indictment including four felony counts against Donald Trump at the Justice Department on Aug. 1, 2023 in Washington, D.C.  (Photo by Alex Wong/Getty Images)

WASHINGTON — A final report from former Department of Justice prosecutor Jack Smith has surfaced, asserting that had Donald Trump not won the presidential race, he would likely have faced conviction for conspiring to overturn the 2020 election results.

This report, spanning approximately 140 pages, was made public after a prolonged legal struggle aimed at keeping it confidential. Released shortly after midnight Tuesday, it serves as a conclusive record of an investigation that never reached trial, primarily due to Trump’s repeated delays and subsequent Supreme Court actions regarding claims of presidential immunity.

Smith, who resigned from his position last Friday, elaborates on how Trump endeavored to destabilize Joe Biden’s election victory. The report details Trump’s pressure on state officials and then-Vice President Mike Pence to falsely represent the results, alongside his dissemination of false narratives that incited his supporters to storm the U.S. Capitol on January 6, 2021.

“Once it became evident that Mr. Trump had lost, he engaged in a series of criminal efforts to maintain his grip on power,” Smith stated in the report. He closed the federal cases against Trump after the latter’s election victory on November 5.

Smith emphasized the Department’s stance that the Constitution bars the indictment and prosecution of a sitting president, regardless of the nature of the charges or the strength of evidence. “Had Trump not been elected, the evidence would support a conviction,” he noted.

The report also mentions a second volume investigating Trump’s alleged mishandling of classified documents after his presidency, though its release is currently mired in legal disputes, with a federal hearing set for later this week in Florida.

In response, Trump rebuffed Smith’s findings on his platform, Truth Social. He criticized the prosecutor, linking the ongoing Capitol investigation with Smith’s wider inquiry, and called the report a failed attempt to defame him.

“Deranged Jack Smith was unable to successfully prosecute the political opponent of his ‘boss,’ Crooked Joe Biden, so he writes another report based on corrupted data,” Trump asserted, maintaining his stance of innocence and claiming the election was rightfully his.

The legal saga surrounding Trump began with a federal grand jury’s indictment on August 1, 2023. Trump faced charges including conspiracy to defraud the United States and obstruction of an official proceeding. Efforts to dismiss these charges based on claims of presidential immunity have faced rejection at various judicial levels, culminating in Supreme Court rulings clarifying that former presidents do not enjoy criminal immunity for personal actions.

Last updated 3:32 p.m., Jan. 14, 2025