US Special Counsel Jack Smith has revealed in a newly released report that Donald Trump would likely have faced prosecution for his efforts to overturn the 2020 presidential election had he not won re-election in November 2024. The 174-page report, authorised by Attorney General Merrick Garland despite opposition from Trump’s legal team, details allegations of the former president’s actions to undermine the electoral process.
The report, described as the final word on the Justice Department’s historic indictment that never made it to trial, underscores the gravity of Trump’s actions but notes that constitutional protections shield sitting presidents from prosecution. Smith stated, “The Department’s view that the Constitution prohibits the continued indictment and prosecution of the President is categorical and does not depend on the seriousness of the crimes charged, the strength of the government’s evidence, or the merits of the prosecution.”
Key points from the report include accusations that Trump sought to overturn the will of the electorate following his defeat in November 2020. The document characterises his efforts as “criminal” and aimed at “retaining power.” However, Trump’s election victory in 2024 ended the possibility of prosecution, including in a separate case involving the handling of classified documents after his departure from the White House.
| Date | Event | Outcome |
|---|---|---|
| January 7, 2025 | Jack Smith submitted a confidential report to Merrick Garland | Case closed due to Trump’s re-election |
| November 2024 | Trump re-elected as US president | Constitutional immunity granted |
| January 6, 2021 | Storming of the Capitol | Supreme Court ruled presidential actions may have immunity |
Trump reacted swiftly to the report’s release, taking to his Truth Social platform to attack Jack Smith, calling him “disturbed” and accusing him of political bias. Trump alleged that the report was a “fabrication” by “corrupt and gangster politicians” seeking to tarnish his reputation.
The release follows a contentious period in US politics, with Trump facing multiple legal challenges. In a separate development earlier this month, Trump was sentenced to unconditional release in the Stormy Daniels case.
The Supreme Court previously ruled that actions taken by Trump during his presidency, including events related to the January 6 Capitol attack, might be shielded by presidential immunity.
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