The final special counsel report on Trump’s election case
Images: CNN
Early yesterday morning, the Justice Department published a long-awaited report from special counsel Jack Smith laying out the details of his investigation into President-elect Trump’s attempts to overturn the 2020 election result.
What does it contain? The 174-page report drew from interviews with 250+ people and grand jury testimony from 50+ witnesses.
In its main finding, Smith asserted he was confident his team had amassed enough evidence to convict Trump if the case had been allowed to go to trial – a move that was prevented by Trump’s re-election, due to the DOJ’s policy against prosecuting sitting US Presidents.
- More specifically, Smith’s report lays out details of Trump’s alleged efforts to overturn the legitimate results of the election, including attempts to force the DOJ to advance personal interests, to enlist fake electors in battleground states, and to encourage an angry mob to attack the US Capitol.
Trump denies the report’s conclusions
The president-elect strongly rebutted Smith’s findings in a series of social media posts yesterday, claiming he was "totally innocent" and that Smith’s investigation was based on false information. Trump and his lawyers have previously asserted that Smith's report is a "partisan weapon" aimed at biasing the public by amplifying the government's “narrative" without giving Trump the ability to respond.
Looking ahead…Smith wrote a second report about his separate charges over Trump’s alleged mishandling of classified documents, which is expected to eventually be released. But that report remains private for now, because the case is still active against two Trump aides charged as co-defendants.
Zoom out: Of the four separate criminal cases Trump faced last year, three of them have now concluded ahead of his inauguration with no legal penalties outside of felony convictions on his record. The sole exception is Trump’s ongoing election interference case in Georgia, from which lead prosecutor and Fulton County DA Fani Willis was recently disqualified.
đź“Š Flash poll: In general, how do you feel about the results of the recent legal prosecution of President-elect Trump?
See a 360° view of what pundits are saying →
Sprinkles from the Left
- Some commentators argue that the report and previous proceedings prove that the US justice system is fundamentally broken and that broad presidential immunity only increases the risk of autocratic rule.
- Others contend that the release of the report demonstrates the DOJ's importance and its refusal to bend to the will of those who devalue and defame it, such as Trump.
- “Jack Smith’s What-If Report on Trump.” –New York Times Letters to the Editor
- “Don’t delay, Mr. Garland.” –Times Union Editorial Board
- “Trump had little regard for the Constitution while in office. He’s an even bigger threat to the rule of law now.” –The Philadelphia Inquirer Editorial Board
Sprinkles from the Right
- Some commentators argue that Smith’s insistence on releasing the report does not matter, as Trump’s victory on Election Day proved that Americans do not find any of his accusations damning or disqualifying enough and that Smith should have just respected that instead.
- Others contend that this is simply the latest in Smith’s historical push of constitutional authority and practice to the limit, only wishing to find any loopholes he could to prosecute Trump without presenting anything new.
- “Jack Smith Loses in the People’s Court.” –Wall Street Journal Editorial Board
- “The critical explanation missing from Jack Smith's Trump report.” –Jonathan Turley, Fox News
- “As Midnight Strikes, Garland Releases Jack Smith’s January 6 Report on Trump.” –Andrew C. McCarthy, National Review
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