Jack Smith, the prosecutor who indicted elected President Donald J. Trump for allegedly attempting to subvert the results of the 2020 election, stated in a final report released on Tuesday (14) that the evidence would have been sufficient to convict Trump at trial, had his 2024 electoral victory not made the continuation of the indictment impossible.
“The department’s view that the Constitution prohibits the indictment and ongoing prosecution of a president is categorical and does not depend on the severity of the alleged crimes, the strength of the government’s evidence, or the merits of the indictment, which the office fully supports,” Smith wrote.
He continued: “In fact, were it not for Trump’s election and his imminent return to the presidency, the Department assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial.”
The Justice Department delivered the 137-page volume to Congress shortly after midnight on Tuesday (14).
The report shows the man who will assume the presidency of the world’s largest democracy accused of crimes that strike at the heart of American democracy.
In his report, the prosecutor criticizes Trump not only for his efforts to overturn the results of a free and fair election but also for consistently encouraging “violence against his supposed opponents” during the chaotic weeks between election day and January 6, 2021, when a crowd of Trump supporters stormed the Capitol, injuring over 140 police officers.
The prosecutor attributed the Capitol attack directly to Trump, citing evidence in various criminal cases of individuals accused of participating in the riot who made it clear they believed they were acting on Trump’s behalf.
The report’s description of the violence that ensued that day becomes even more relevant in light of Trump’s promise to pardon many of the January 6 defendants, possibly including those who assaulted police officers.
In a social media post shortly before 2 a.m. on Tuesday, Trump reacted angrily to the report’s release, calling prosecutor Jack Smith “disturbed” and insisting that the charges are merely political.
“Jack is a stupid prosecutor who failed to get his case tried before the election, which I won overwhelmingly,” Trump added: “THE VOTERS HAVE SPOKEN!!!”
After Trump won the 2024 election, Smith dropped the case due to a Justice Department policy that prohibits prosecution against sitting presidents.
Source: The New York Times