Jack Smith, in final report, says voters saved Trump from being convicted in Jan. 6 case
By: Yahoo News
S E E D E D C O N T E N T
KATHERINE FAULDERS, ALEXANDER MALLIN, PIERRE THOMAS, PETER CHARALAMBOUS and LUCIEN BRUGGEMANTue, January 14, 2025 at 7:25 AM UTC7 min read
Special counsel Jack Smith's final report lays out in no uncertain terms federal prosecutors' position that Donald Trump -- who is set to be inaugurated president in less than a week -- would have been convicted on multiple felonies for his alleged efforts to unlawfully overturn the results of the 2020 election, had voters not decided to send him back to the White House in the 2024 election.
That was one of the primary conclusions included in Smith's final report on his election interference investigation, which the Justice Department released early Tuesday morning after a federal judge, late Monday night, cleared the way for the report's release.
The report lays out the probe that resulted in Trump being charged in 2023 with four felony counts of undertaking a "criminal scheme" to overturn the results of the 2020 election in an effort to subvert democracy and remain in power. Trump pleaded not guilty to all charges.
MORE: Special counsel Jack Smith personally denounces Trump's conduct, calls his accusations 'laughable'
The case, as well as Smith's classified documents case against Trump, was dropped following Trump's reelection in November due to a longstanding Justice Department policy prohibiting the prosecution of a sitting president.
"The Department'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 Office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial."
After conducting interviews with 250 witnesses voluntarily, calling 55 people to testify before the grand jury, executing dozens of subpoenas and search warrants, and sifting through a terabyte of publicly accessible data, Smith's team concluded they could convince a jury beyond a reasonable doubt that Trump committed multiple federal crimes when he attempted to overturn the election, the report said.
"The throughline of all of Mr. Trump's criminal efforts was deceit -- knowingly false claims of election fraud -- and the evidence shows that Mr. Trump used these lies as a weapon to defeat a federal government function foundational to the United States' democratic process," the report said.
For the first time, the report shed light on the internal deliberations of the prosecutors who sought to prove that Trump "engaged in an unprecedented criminal effort" while navigating the uncharted legal territory of charging a former president.
While prosecutors considered charging Trump with violating the Insurrection Act, Smith wrote that he opted against the approach because of the "litigation risk that would be presented by employing this long-dormant statute." According to the report, prosecutors worried that Trump's actions did not amount to an insurrection because he was already in power -- rather than challenging a sitting government -- when the riot took place. Smith also noted that his office did not obtain "direct evidence" of Trump's "intent to cause the full scope of the violence that occurred on January 6."
Smith also noted that the case against Trump presented unique challenges, including Trump's "ability and willingness" to use social media to target witnesses, courts, and prosecutors with "threats and harassment." Like any other case involving a conspiracy, prosecutors also expressed concerns about convincing witnesses to cooperate while the defendant still exerted influence and command over his alleged co-conspirators.
"That dynamic was amplified in this case given Mr. Trump's political and financial status, and the prospect of his future election to the presidency," the report said.
Despite those concerns, Smith's report laid out how prosecutors planned to rebut Trump's expected arguments to secure a conviction, laying out a play-by-play for how a trial would have proceeded had Trump lost the election.
If the former president argued that he acted in good faith when he claimed there was election fraud, prosecutors would present "strong proof" that Trump himself knew his claims of fraud were false. The report noted that Trump repeatedly noted in private how he lost the election, including berating Vice President Mike Pence for being "too honest" to challenge the results, telling his family "you still have to fight like hell" even if he lost the election, and remarking to a staffer, "Can you believe I lost to this f'ing guy?" after seeing Biden on television.
MORE: Judge denies Trump's last-ditch effort to block midnight release of Jack Smith's final report
"This was not a case in which Mr. Trump merely misstated a fact or two in a handful of isolated instances. On a repeated basis, he and co-conspirators used specific and knowingly false claims of election fraud," the report said.
If Trump argued he was following the advice of his lawyers, prosecutors planned to present evidence showing that his lawyers were acting as accomplices to the crime, preventing Trump from legally being able to employ the argument.
And if Trump argued that he was just using his First Amendment right when he challenged the election, prosecutors planned to highlight that Trump employed his statements to commit other crimes, including using false statements to defeat a government function, obstruct an official proceeding, and injure the right to vote.
"The Office was cognizant of Mr. Trump's free speech rights during the investigation and would not have brought a prosecution if the evidence indicated he had engaged in mere political exaggeration or rough-and-tumble politics," the report said. "The conduct of Mr. Trump and co-conspirators, however, went well beyond speaking their minds or contesting the election results through our legal system."
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In the report, Smith also detailed multiple interviews with various so-called "fake electors" who he said sought to cast votes for Trump -- and admitted they would not have done so "had they known the true extent of co-conspirators' plans."
Smith told how investigators obtained Signal messages where "Co-Conspirator 4" -- previously identified by ABC News as former DOJ official Jeffrey Clark -- sent a message to Rep. Scott Perry saying he had received a highly classified briefing on foreign interference in the 2020 election that "yielded nothing" to support allegations of a stolen election.
"Bottom line is there is nothing helpful to P," Clark's message said, according to the report.
The report cites the handwritten notes of former Vice President Mike Pence that the special counsel obtained, about which Smith wrote, "In repeated conversations, day after day, Mr. Trump pressed Mr. Pence to use his ministerial position as President of the Senate to change the election outcome, often by citing false claims of election fraud as justification; he even falsely told Mr. Pence that the 'Justice Department [was] finding major infractions.'"
Regarding the House select committee's investigation into the Jan. 6 attack on the Capitol, the report said that probe only "comprised a small part of the Office's investigative record, and any facts on which the Office relied to make a prosecution decision were developed or verified through independent interviews and other investigative steps."
Volume One of Smith's final report was released to the public early Tuesday after U.S. District Judge Aileen Cannon, following a weeklong court battle, ruled Monday that the Justice Department could release it.
Trump's former co-defendants in his classified documents case, longtime aide Walt Nauta and staffer Carlos De Oliveira, had sought to block the release of both the classified documents volume and the Jan. 6 volume, but Cannon -- who last year dismissed the classified documents case -- allowed the public release of the Jan. 6 volume after determining that its contents have no bearing on the evidence or charges related Nauta and De Oliveira in their ongoing case.
MORE: Senate Democrats urge Garland to preserve evidence from Trump investigations
After conferring with Smith, Garland determined that he would not publicly release Volume Two pertaining to the classified documents investigation because Nauta and De Oliveira's cases were technically still on appeal.
In the classified documents case, Trump pleaded not guilty in 2023 to 40 criminal counts related to his handling of classified materials after leaving the White House, after prosecutors said he repeatedly refused to return hundreds of documents containing classified information. The former president, along with Nauta and De Oliveira, pleaded not guilty in a superseding indictment to allegedly attempting to delete surveillance footage at Trump's Mar-a-Lago estate.
Smith resigned as special prosecutor on Friday after wrapping up the cases and submitting his report to Garland.
Jack Smith, in final report, says voters saved Trump from being convicted in Jan. 6 case originally appeared on abcnews.go.com
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Shocking
maga!
meh, it was just a hostile takeover that failed. strictly business, nothing more ... /s
It is sickening (and will remain so) that the electorate cares so little about the rule of law (or are living in a cultish alternate reality that holds Trump as a hero who has been falsely targeted) that it (collectively) would elect this scoundrel to the presidency.
History will not judge this period kindly. Trump and the MAGA cult are a cancer that may have to be cut from the body before the host dies.
Which is why Trump and republicans are going to try and eviscerate education so that it will be taught as a good thing along with how slavery was just a low paying job for minorities.
Republicans, even if they wanted to , could not do more damage to the educational system then you see in areas where Democrats have controlled the educational system for generations, like Baltimore, Chicago etc...
Dream on.
The rightwing US textbooks that teach slavery as ‘black immigration’
big surprise that thumpers are behind the indoctrination of school children with their warped versions of history ...
when my job transferred me to texas last century, I had 2 kids in elementary school at the time. after the first day of school they both came home in tears, loaded down with homework, and a backpack full of books. after calming them down and helping them with their homework, I discovered what their trauma was all about. a test the next day on texas history, a class required to be passed before moving on to the next grade level. after helping them finish their homework, getting them fed and off to bed, I sat there and read the texas history book. as you can imagine, there were quite a few historical inaccuracies contained within it.
I took my kids to school the next day, met with the principal, and confronted him about the texas history book and made him defend those historical inaccuracies concerning slavery and the civil war. with his educational background, he couldn't, but claimed it was what the ISD school board had approved and admitted he was stuck with it. without elaborating much more about our discussion that transpired in his office, he eventually agreed that it wouldn't be necessary for my kids to attend those classes anymore and that they wouldn't be penalized for it.
I think in many ways the new MAGA crowd, these disaffected bitter white rightwing conservative Christians see themselves as the new discriminated against minority and thus they don't believe they have to follow the law because it's not a "justice system" in their minds but an "injustice system". Of course, they're not in any way actually discriminated against and no one is just being unfair or attacking Trump simply because they hate him for no reason.
The MAGAites are restless because they see society as no longer friendly to their preferred brand of insanity and thus, they no longer have to follow any laws other than the 1st and 2nd amendments, which they translate as their own unlimited free speech and unlimited right arm themselves with a military arsenal, and Donald Trump is these moronic pieces of shit 'George Floyd'.
maga will be the perfect patsies for trump when they go under the bus for his rich friends ...
Trump and his smug rich buddies will be laughing their asses off at each bump the bus makes as it rolls over his gullible MAGA supporters.
and so will I ...
welcome to the felon and elon show ...
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What was once a great country now being led by a crook/grifter/conman. Just fricking perfect.
Y’all voted for this criminal.
And no Republicans in the House have any integrity, or he would be impeached immediately.
It is beyond comprehension that Trump got away with this shit.
The biggest failure of the American justice system to date.
The most shocking of which has been the obvious delay tactics of the SCotUS. The Judicial Branch was considered the most objective, least political branch. To see such blatant partisan bias by the SCotUS —the apex and bellwether of the branch— is sickening.
I don't see quiet and peaceful retirements for the SCOTUS majority ...
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Do you believe that the charges against Trump are without merit?
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Just in time Jack. And planned release for deflection from this?............
Well done again media.........well done.........
Do you believe that the charges against Trump are without merit?
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Jack Smith's report, based on legal evidence gathered over a two year period, corresponds almost completely with the findings of the J6 committee. So much for the committee being a witch hunt.
Smith released a report of conclusions, not the actual evidence, with redactions due to the phony baloney "immunity" ruling and because he cant reveal grand jury testimony.
Nonetheless the unfitness for Trump to hold any office, let alone president of the United States, is laid out convincingly.
We live in a degraded nation.
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What a complete and utter dick, head of maga and all the other mothers of maggots that Fly's should have abandoned at birth of this foul bowel movemeant to unseat the duly elected potUS , asz it utters the fact that watt Trump muttered that totally did become the MUTHA load that flew that Mother Fly, right in the face of reason, as Trump TREASON was so on display that peep holes saw it, and then denied what their own eyes surely did supply because they were told by their Court appointed immune scumbag GUY, that that didn't really happen, even though so obvious, IT HAD, and they somehow let it fly , and then elected this fckn guy, a part of this country did certain;ly die,
and more so this last November than on 1/6/2021
Ignorance ruling of people fooling themselves to wish to elect a TRAITOR to what this country stands for, is unbelievable, and I believe so much more....
lol …. Feel better?
uh, I think I heard somewhere, opinions do vary...
Something we can agreed on but you didn’t answer my question.
>poof<
careful, usually it's the morons uttering that cliche' ...
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Do I feel better knowing that half of our country isn't smarter than a freshly knitted sweater...? Well, No, I do not, I believe it is sad so many minds have begun to rot
They started rotting 40 some years ago
40 some years ago there could have never been a President Trump, imho, but i certainly agree the acceptance of this exceptions' inception did begin decades ago
You're right about POTUS trmp never existing 40 years ago. When did we lose our way?
[✘] media mouthpieces announced character doesn't matter for a President and went to war for a known perjurer, obstructor of justice, sexual harasser who was credibly accused of rape[✘]
Bill Clinton, Nixon, LBJ, et.al. are all honorable men compared to Trump; your comparison is absurd. Trump has broken through the basement to define an historic low for what could be considered a PotUS. It is disgusting that our nation has allowed this to happen.
Thanks for answering him.
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So, all it takes to topple the party of "law and order" is some acceptance of a less than 100% perfect candidate, and about that media that went to war for, does that somehow allow for the GOP to take US into ACTUAL WAR for halucinated mushroom clouds ones mind , no ? Does that give the Republicans the right to bury their heads in the sand all because he's someone the left can't stand ? Does that givre them permission to elect a nocturnal premature emission admission of by commision, a guilt quilt of the lowest and thinnist moral fabric fabricated, sexually assault accused, convicted felon and adjudicated ''raper' asa stated on paper, accused underage rapist who along with Epstein did go sight unseen to bring this country down with lowered Barrs and absolute bazaars, as far as we've ever obscened, butt, for the Repubs a wet dream, a pussy grabbin scream, a document sellin adversary's heavy pants cream of corny while around young boys Repubs so horny, cause eye could sea myself going on until Dawn, the crack of, cause I have sew much love stitched together for this Lying nay sayer, cause he is the GOAT , no one even ckkklose, not even in the , remote
your stand, is simply staggering
Someone asked the singer Carrie Underwood why she is going to perform at Trumps inauguration, and she said because she wants the country to be unified with the new administration. The jackass Ramaswamy said he was running for president last year because he wanted to unify the country. Trump could live to be 1000 years old and he will never unify the country.
We are in a "war" with these people for the soul of America. We wanted it be a short war, but because of the stupidity and gullibility of many voters who put the criminal mentally ill Trump back in office it is looking like a long war.
People like ones you see in this seed distort reality for their own purposes in this "war". The more intelligent ones know Trump is a piece of shit and not comparable to any other politician, but for purposes of the "war" they have to pretend hes no different than any other politician. It is ridiculous.
And thus his successful run for a second term.
elected by pathetics' afraid to view the actuality and totality that the mental midget miscreant messiah did forbid. There shall be no 'gods' before thee, as Trump has two golden calf's as he milks the minions whilst shapith he did, their twisted opinions.
None of them compare to Trump's level of wrongdoing, character, and ethics. Take off the blinders.
[✘] "The jackass Ramaswamy said he was running for president last year because he wanted to unify the country."
[✘] "Trump could live to be 1000 years old and he will never unify the country. "
[✘] "We are in a "war" with these people for the soul of America."
[✘] "We wanted it be a short war, but because of the stupidity and gullibility of many voters who put the criminal mentally ill Trump back in office it is looking like a long war. "
[✘] "People like ones you see in this seed distort reality for their own purposes in this "war""[✘]
The fundamental problem with the current electorate (as a whole).
I never thought much of Clinton after the whole mess came out. And then he had the nerve to go on TV and blame the special prosecutor for his woes. That's when I washed my hands of him
Right wingers are generally allergic to facts. That is not my problem.
Trump himself has said he will unify the country. That is the biggest joke of all.
Trump posted this on his Truth Social page the other day
That's when I named my penis after him - Slick Willy... I mean it really was a dick move to engage in sexual congress with a young vulnerable intern.
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ok that's funny
Trump shares are up because he is a successful cult leader. That is all.
and there is no bigger snowflake than Donald Trump. He whines about something every day.
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I dont give a shit about the trans issue, never have. They are less than 1% of the population.
They should have the same rights as anyone else, no more no less.
apparently , the devil is in the details. and soon to be installed in our WHite Power House of Window Pane Acid where his ass lickin chickens will be clucking trtipping all overthemselves , cause there are chores for the cult to achieve, and achieve deceive as he has like not another, and this Cultchore of apathy is the ownly path they can see cause Theye'd rather spoon to knife nthrough the LIES they don't give a fork about, cause he's served them the shit they like, on the finest paper plates China had made him and his mandate to order, 4 NEO and ELON have proven it's all about the little peep holes that they work, and twerk like Melania on Lolita Expressly for Elon, her Mandate as well, but has anyone NO ticed, something does smell, of Denmark it will leave on the SOFA potatoes, from asses not wiped , just riped, for the picken of the worst cabinet positioned on medicines prescribed for the opposite described by the doctorates, doctored up till we go down like a two dollar whore in China town, cause old aging Caucasian's, ive herd have the mentality on occasions, to seek a different slant on ones persuasions , possibly due to aging Asians as the man for the DOD could possibly better eX plane as day in the dark of night about Trump, watt ain't right in front of ALL OF US
They are the only ones that care about the trans issue. They harp on it nearly everyday and this seed isn't even about trans issues but bugsy managed to slip it in there. That sounds like a serious case of fear of others
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[Deleted.] [✘] I asked a simple question directly related to the post aimed at me.
Can you answer the question without deleting for "other"?
soundfs like it could possibly be a transmission of guily knit wit hin the fabric ated quilted to cover ones own
If bugsy would do a little research he would learn about the XY chromosomes and they aren't limited to just XY and XX. It's way more complicated.
anonymous letters were sent to get in the way of all those kisses and hugs
Who are you talking to? If you're talking to John, he clearly didn't delete your comment. Neither did I. And I looked all up and down this thread and I don't see any interaction between you and devangelical.
Of which you are a part. Perhaps by 2028 your opinions will be mainstream. Until then, I suggest you relax and enjoy the ride.
Yes, Jim, I am part of the electorate — the part that did NOT vote for Trump. The part that did NOT elect this scoundrel as PotUS.
You, however, are part of the electorate that enabled a vindictive, narcissistic, pathological lying, con-man, irresponsible asshole to be the face and voice of our nation and have more power, arguably, than any other human being on the planet.
What a colossal fuck-up by those in the electorate who voted for Trump.
True....but,his Father laid the groundwork in his greedy, mindless, idiot of a Son before then, leading him to become the selfish, traitor, liar and felony criminal he ultimately became, even before he became POTUS.
IMO...while Trump and his brainless, traitorous MAGA backers think America now belongs to them, they may be in for a very big surprise.
JMOO
And cowered...
that should be 'coward'
both apply to trump and maga ...
The way Trump unifies is by subtracting from "real Americans"
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I thought I smelled something rotten ...
different than the usual burnt sausage odor ...
he made a poor decision because all of the blood had drained from his brain ...
... a common male occurrence.
And there is still more of Smith’s report that could be made public.
it'll all eventually come out, despite maga attempts to destroy any evidence against their criminal/traitor cult leader ...
POS/POTUS is running full speed towards 4 years of reality checks, failures, and ridicule ...
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Well , we do try to be optimistic.
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