Trump would’ve been convicted in 2020 poll case had he not been reelected: Report

US Special Counsel Jack Smith said that evidence from the 2020 election interference case was enough for President-elect Donald Trump’s conviction.

But his victory in last year’s presidential polls made it impossible to do so. In an over 130-page report published on Tuesday, Smith concluded that Trump engaged in an “unprecedented criminal effort” to retain power after he lost to Joe Biden five years ago.

The Special Counsel also detailed how Trump tried to overturn the election results and accused him of plotting to obstruct the collection and certification of votes.

“As set forth in the original and superseding indictments, when it became clear that Trump had lost the election and that lawful means of challenging the election results had failed, he resorted to a series of criminal efforts to retain power,” CNN quoted the report as saying.

The report, that came less than a week before the President-elect’s inauguration on January 20, also said the “throughline of all of Trump’s criminal efforts was deceit, knowingly false claims of election fraud, and the evidence shows that he used these lies as a weapon to defeat a federal government function foundational to the United States’ democratic process”.

In August 2023, Trump was charged with working to overturn the election, but the case was delayed by appeals and ultimately significantly narrowed by the Supreme Court, which held for the first time that former Presidents enjoy sweeping immunity from criminal prosecution for official acts.

“The (Justice0 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.

“But for 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.”

The President-elect had pleaded not guilty to the charges.

Although much of the evidence cited in Smith’s report was already made public before, it also includes some new details like prosecutors considering charging Trump with inciting the January 6, 2021 attack on the Capitol under a US law known as the Insurrection Act.

But prosecutors ultimately concluded that such a charge posed legal risks and there was insufficient evidence that Trump intended for the “full scope” of violence during the riot, a failed attempt by a mob of his supporters to stop Congress from certifying the 2020 election.

The indictment charged Trump with conspiring to obstruct the election certification, defraud the US of accurate election results and deprive American voters of their voting rights.

Smith’s office determined that charges may have been justified against some co-conspirators accused of helping Trump carry out the plan, but the report said prosecutors reached no final conclusions.

Meanwhile, a second section of the report details Smith’s case accusing Trump of illegally retaining sensitive national security documents after leaving the White House in 2021.

But the Justice Department said that it would not make that section public as legal proceedings continue against two Trump associates charged in the case.

Smith, who left the Justice Department last week, dropped both cases against Trump after he won the 2024 presidential election, citing a longstanding Justice Department policy against prosecuting a sitting president.

Neither of the two cases reached a trial.

LAMEBRAIN PROSECUTOR: TRUMP SLAMS JACK SMITH

Hours after the report was published, Donald Trump slammed Jack Smith, calling him a “lamebrain prosecutor who was unable to get his case tried before the election which I won in a landslide”.

“Deranged Jack Smith was unable to successfully prosecute the political opponent of his ‘boss’ Crooked Joe Biden, so he ends up writing yet another ‘Report’ based on information that the Unselect Committee of Political Hacks and Thugs illegally destroyed and deleted, because it showed how totally innocent I was,” Trump said in a post on Truth Social.

Also on Tuesday, Trump’s lawyers, in a letter to Attorney General Merrick Garland, called Smith’s report a “politically-motivated attack” and said releasing it ahead of Trump’s return to the White House would harm the presidential transition.

In the past as well, the President-elect has repeatedly referred to the Special Counsel as “deranged” and maintained that the cases were politically motivated attempts to damage his campaign and political movement.