U.S. President-elect Donald Trump would have been convicted for his alleged effort to overturn the 2020 election result if he hadn't been elected four years later, said a report by then special counsel Jack Smith released Tuesday.
The Department of Justice's "view that the Constitution prohibits the continued indictment and prosecution of a President is categorical and does not turn on the gravity of the crimes charged, the strength of the Government's proof, or the merits of the prosecution, which the Office stands fully behind," the report said.
"Indeed, but for Mr Trump's election and imminent return to the Presidency, the (Special Counsel's) Office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial."
Trump, who returns to the White House on January 20, had been accused of conspiracy to defraud the United States and conspiracy to obstruct an official proceeding -- the session of Congress called to certify President Joe Biden's election win but which was violently attacked on January 6, 2021 by a mob of the Republican's supporters.
Smith, who was special counsel appointed to investigate Trump, dropped the federal criminal case against the incoming leader after he won November's presidential election.
Soon after the report's overnight release, Trump hit back on his Truth Social platform, calling Smith "deranged", and adding that he "was unable to successfully prosecute the Political Opponent of his 'boss'."
"To show you how desperate Deranged Jack Smith is, he released his Fake findings at 1:00 A.M. in the morning," Trump added in another post.
Trump's attorneys had earlier urged U.S. Attorney General Merrick Garland not to release the report, calling the plan to release it "unlawful, undertaken in bad faith, and contrary to the public interest."
Smith's report details Trump's alleged efforts to persuade state-level Republican lawmakers and leaders to "change the results" of the 2020 election.
"Mr Trump contacted state legislators and executives, pressured them with false claims of election fraud in their states, and urged them to take action to ignore the vote counts and change the results," according to the report released by the Department of Justice.
"Significantly, he made election claims only to state legislators and executives who shared his political affiliation and were his political supporters, and only in states that he had lost," it added.
In addition, the report alleges Trump and co-conspirators planned to organize individuals who would have served as his electors, if he had won the popular vote, in seven states where he lost -- Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania and Wisconsin -- "and cause them to sign and send to Washington false certifications claiming to be the legitimate electors."
They ultimately "used the fraudulent certificates to try to obstruct the congressional certification proceeding," the report says.
The special counsel office concluded that "Trump's conduct violated several federal criminal statutes and that the admissible evidence would be sufficient to obtain and sustain a conviction."
Judge Aileen Cannon, a Trump appointee, dismissed a separate case against the former and future president last year -- over Trump's handling of top secret documents after leaving the White House -- but charges are still pending against two of his former co-defendants.
Smith left the justice department last week, days after submitting his final report as special counsel.
In another case, a judge sentenced Trump to an unconditional discharge on Friday for covering up hush money payments to a porn star despite the U.S. president-elect's last-ditch efforts to avoid becoming the first felon in the White House.
© 2025 AFP
46 Comments
Wick's pencil
Yeah, because if Trump had lost, Smith could have gotten away with it. But since Trump won, Smith realizes that he would be held accountable.
Underworld
The only reason felon Trump didn’t steal the 2020 election is that GOP state legislators didn’t comply with Trump’s criminal conduct.
That America’s democracy is dependent on people acting decently is scary.
Underworld
Wick's pencil
Gotten away with upholding justice. You make it sound like a bad thing.
Ken
They should have locked him up
Peter Neil
not the sharpest pencil in the box.
NOMINATION
Well unfortunately for Dems, they chose a lousy candidate to run followed by their lousy choice for President. All downvotes given to me will show how much they agree with me.
Yrral
Trump is insecure,he nevered man up.in his life,it do not stop the civil proceeding against him Google Trump Jan 6 Lawsuit
Zaphod
Yeah, he would, in a politicized justice system. He also would have been hounded into bankruptcy, basically for the crime against going against the the uniparty swamp.
Sadly for the swamp, democracy got in the way, which this guy in his parting shot is now complaining about...
Hercolobus
Too bad for Trump haters, it did not happen. Just wishful thinking.
asdfgtr
Escaping conviction was the primary reason this narcissistic sociopath ran for re-election.
Yrral
Here,facing multiple lawsuits, Trump has to pay millions out of his pockets
bass4funk
Well, Smith was right, he couldn’t prove that Trump conspired in an insurrection act. Anyway, it’s over, Trump won and people read it and do with it whatever. 5 more days left.
OssanAmerica
Trump belongs in Jail. The biggest con man (and luckiest) the world has ever seen. His role on Jan 6th makes him a traitor to the United States. Yet the idiots voted him in again. FP.
Yrral
Trump has legal dementia,he cannot remember the last crime,he committed
bass4funk
Then Smith should have charged him with insurrection, but he couldn’t
So you’re saying we should have on the same disastrous socialist woke path because a few people in the higher ups got their feelings hurt and wanted to change how Americans view gender, liberalism and overall outlook on life according to progressive worldview? Yeah, that experiment failed miserably, people got tired and wanted to get back to normalcy. If that’s idiotic, I’m good with that all day.
Bob Fosse
For the 7th time. Who ‘hounded’ him the first 6?
Wasabi
The USA must be so proud of their next felon and criminal president. What happen to this country to go so low?
Tokyo Guy
If I were Jack, I'd head back to The Hague, where I could do my job in a culture which actually respects the concepts of law and order.
He's too good for the USA in its current state.
plasticmonkey
Who cares about justice. Winning is everything.
That's the only argument MAGA has. Along with the utterly counterfactual "weaponized DOJ" nonsense.
Welcome our new billionaire overlords!
bass4funk
Lol
Naw, he can get a job a some local family lawyer.
Blacklabel
“would have been”?
Awwww….but he wasn’t.
moving on.
Yrral
Bass4,Jack Smith service will be long sought after,not like Trump fail lawyers
4Tno
Nothing but wishful thinking going on here.
plasticmonkey
Hurray for injustice!
Our team wins!
Blacklabel
The American people gave a just verdict. At the ballot box.
as Joe said he “could have” won. Kamala “could have” won too.
I’m results oriented and outcome driven. “Could have” means nothing.
is this the new coping phrase to pretend you didn’t lose?
Yrral
Blacklabel,the only verdict was rendered was against Trump,I gonna see how people he deport on day one,put up or shut up
lincolnman
Of course he's guilty - of multiple felonies....
His OWN LAWYER admitted it - Eastman told Pence's counsel that the "fake electors" scheme VIOLATED FEDERAL LAW...
Greg Jacob, Vice President Mike Pence’s counsel, recounted a White House meeting on Jan. 4, 2021, in which Eastman said he told Trump that his plan to thwart the counting of the Electoral College violated federal statute.
https://time.com/6188491/john-eastman-jan-6-testimony-trump/
Then the Moron stole classified, had his lawyer lie in writing saying he turned it all back in, directed his aides to hide the rest, and then destroy evidence of that crime by wiping the security tapes....and that's just his classified case....
His crooked judge Cannon has been the only thing keeping him from a cell...so far...
shirokuma
Potus Feloneus
itsonlyrocknroll
A matter for judiciary, the essential importance right of the individual to face the process of open fair justice.
Certainly not for special counsel Jack Smith to to arbitrarily make his own judgment.
Blacklabel
the judge that….released the report so you could read it?
THAT judge?
bass4funk
Oh, you think?
mrtinjp
Well time to focus on what is going to happen, that 50billion lawsuit by the J6 defendants against the justice dept will go live in 5 days, real facts will come out now, and that's just for starters..
itsonlyrocknroll
This whole ghastly charade, an attempt to exploit weaponize the US justice system to prevent Donald Trump from running for office is an outrage.
Justice was served when the US electorate overwhelmingly rejected Kamala Harris at the ballot box
Yrral
Trump is a coward, insecure and suffer from a inferiority complex
Underworld
Itsonlyrocknroll
Yes, but DOJ won’t try an acting president, which most people would agree is a stupid rule.
Jack Smith is correct, Trump would have been convicted, the evidence is so strong.
u_s__reamer
Biden and Garland "saved" the institution of the presidency by their transparent unwillingness to jail the serial felon, but by doing so damaged American democracy and then left it to Trump's handpicked Scotus helpers to legislate from the bench ringfencing Trump's immunity from prosecution with the result of raising the power of the office to unconstitutional heights. Once a felon always a felon is the American way and there is no reason to suppose that guy can change his stripes. The only comfort is that for a variety of reasons the old scofflaw will unlikely be offending for the full four years of his term.
Underworld
itsonlyrocknroll
The US justice system certainly was not weaponized. To suggest otherwise is pure cope.
WoodyLee
No Sir, You Can't Convict The BOSS.
TokyoLiving
That narcissistic criminal clown will kill democracy in Jan 20..
Mark my words..
theFu
No way! The report couldn't possibly have anything bad to say about Trump. He's a pillar of society and has never, ever, ever, broken any law, anywhere ... er ... according to him.
Just refile all the charges on Jan 21, 2029, if he's still alive. He is old. Too old to hold office.
Anyone else find it funny when a Pro-CCP poster says that Trump will "kill democracy"? That's really funny.
Trump is a loser and weak. I know how much he loves those terms, especially for someone who can't tell what's fact and what's fiction.
JJE
Sounds like 100% pure speculation.
Juries can see through political persecutions.
Also noteworthy another special counsel blasted the Biden administration for a very controversial pardon.
ok1517
Shouldn't it read "sitting President"?
At least that's what I got looking at this whole scenario!
And Donald wasn't the sitting president.
So, she should have been found guilty and charged accordingly
But - my trust in the US legal system as well as the US is gone.
Biased Supreme Court judges, bought by the right.
Nepotism in the making.
Inciting, instigating, dividing, insulting, cheating ... the list continues for the upcoming "administration"!
itsonlyrocknroll
Underworld,
Behaviours, the equal application of law and order.
The Smith "witch hunt" is a deceitful discriminatory discredited use of the judicial system to remove a official candidate running for office.
Zaphod
Underworld
Right and wrong in the same sentence. Yes he would have been convicted by the current corrupted system, but not because the concocted "evidence" is "strong". I hope there will be some house cleaning in the DOJ.
Peter Neil
BlacklabelToday 09:08 am JST
a statement used a lot.
americans throw out democracy as the best political system.
and the worst is fascism, where you only have one choice.
but in american democracy, you only have one more choice.
the difference between the best and the worst is one choice or two?
itsonlyrocknroll
You don't need top agree or support Trump, even be a republican to question Smiths political motivation, to suggest Smith obsessive pursuit of Trump is fuelled by loathing blind bitter hostility.
Smith twisted logic.