The US Department of Justice on Tuesday (Jan 14) released the first volume of special counsel Jack Smith's final report on US president-elect Donald Trump's 'unprecedented efforts' to overturn the 2020 election result.
Calling it an "unprecedented criminal effort," Smith in his final report said he believed there was enough evidence to convict Trump in a trial if his 2024 election win had not made it impossible for the prosecution to continue.
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Smith resigned as special counsel late last week.
Trump's efforts to 'cling' to power
Smith, in his damning report, alleges that Trump engaged in an "unprecedented criminal effort to overturn the legitimate results" of the 2020 elections so as "to retain power," but noted that his 2024 election win makes it impossible to prosecute him.
"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."
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"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," he added.
The 137-page volume is one of two in Smith’s final report, but is the only one that was expected to be released. The second volume covers the investigation into Trump allegedly withholding classified White House documents. Garland has said he does not want the volume on the documents' case to be released publicly while Trump’s co-defendants in the case are still being prosecuted.
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While Smith has concluded his cases against Trump, charges against his co-defendants Walt Nauta and Carlos De Oliveira in the Mar-a-Lago classified documents case remain unresolved.
Trump's legal team has fiercely opposed the report's release, arguing it could violate presidential immunity and unfairly influence public opinion. In a recent filing, they labelled Smith an “out-of-control private citizen unconstitutionally posing as a prosecutor” and claimed the report unfairly targets Trump as the leader of the alleged “head of the criminal conspiracies,” allegations they vehemently deny.
(With inputs from agencies)