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Jack Smith Concludes Trump Engaged in Criminal Effort to Retain Power, Report Reveals

Special Counsel Jack Smith’s report exposes Trump’s "unprecedented criminal effort" to retain power post-2020 election. Trial stalled after Trump’s 2021 return to office.
2025-01-14
Jack Smith Concludes Trump Engaged in Criminal Effort to Retain Power, Report Reveals

U.S. Special Counsel Jack Smith's investigation into Donald Trump's efforts to cling to power after losing the 2020 election has concluded that the former president engaged in an "unprecedented criminal effort" to obstruct the election certification. However, Smith’s office noted that the case was unable to go to trial due to Trump's return to the presidency in January 2021.

In a report released on Tuesday, Smith detailed a four-count indictment accusing Trump of conspiring to obstruct the collection and certification of votes following his loss to Democratic President Joe Biden. According to Smith, the evidence gathered was sufficient to secure a conviction at trial, but Trump's imminent return to office at the time made it impossible to proceed.

Smith, who has faced criticism from Trump and his supporters, defended the investigation and the legal team working on the case. In a letter accompanying the report, Smith rejected claims from Trump that the probe was politically motivated. "The claim from Mr. Trump that my decisions as a prosecutor were influenced or directed by the Biden administration or other political actors is, in a word, laughable," Smith wrote.

Trump's Response

In response, Trump took to Truth Social, where he criticized Smith as a “lamebrain prosecutor” who was unable to bring the case to trial before the election. Trump’s legal team also accused the investigation of being a politically-driven attack designed to harm his presidential transition. They argued that releasing the report ahead of Trump's expected return to office on January 20 would be detrimental to the process.

The report highlights key details, including the investigation's consideration of charging Trump with inciting the January 6, 2021 attack on the U.S. Capitol. However, prosecutors ultimately determined there was insufficient evidence to support such a charge under the Insurrection Act.

Charges and Allegations

Trump was charged with conspiring to obstruct the election certification, defrauding the United States by providing false election results, and depriving U.S. voters of their rights. The report also touched on charges that may have been applicable to some of Trump’s co-conspirators, including former legal advisors, who helped facilitate these plans.

While the investigation included some new details, much of the evidence was previously made public. The report further mentions Smith’s separate case regarding Trump’s retention of sensitive national security documents after leaving office in 2021. This part of the investigation remains under legal proceedings, and its details are being withheld pending the outcome of related cases.

Legal Hurdles and Political Implications

The investigation and indictment of Trump faced significant legal hurdles. Smith’s team struggled to move the case forward while Trump maintained claims of presidential immunity, asserting that his actions were part of his official duties. The Supreme Court largely sided with Trump, ruling in his favor on claims of immunity for former presidents.

Trump’s legal challenges have created a complex legal landscape that has delayed proceedings. Smith’s office decided to halt the investigation during Trump’s presidential election campaign and after Trump won the 2020 election. However, the release of the report sheds light on the full scope of the investigation and the challenges it faced in holding Trump accountable.

The January 6 Capitol Riot

The indictment's allegations culminate in the January 6, 2021 attack on the U.S. Capitol, when a mob of Trump supporters stormed the building in an attempt to disrupt the certification of the 2020 election results. This violent event marked the climax of Trump’s efforts to retain power, including pressuring state officials, spreading misinformation about widespread voter fraud, and attempting to use fraudulent electors in states Biden won.

The investigation also cited prior congressional investigations that concluded Trump sought to influence lawmakers in states won by Biden and used fraudulent means to challenge the election results.