US special counsel Jack Smith concluded that Donald Trump engaged in an "unprecedented criminal effort" to hold on to power after losing the 2020 election, but was thwarted in bringing the case to trial by the prez-elect's Nov election victory, according to a report published on Tuesday.
The report details Smith's decision to bring a four-count indictment against Trump, accusing him of plotting to obstruct the collection and certification of votes following his 2020 defeat by Democratic President Joe Biden. It concludes that the evidence would have been enough to convict Trump at trial, but his imminent return to the presidency, set for Jan. 20, made that impossible.
Smith, who has faced relentless criticism from Trump, also defended his investigation. "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 in a letter detailing his report.
After the release, Trump, in a post on his Truth Social site, called Smith a "lamebrain prosecutor who was unable to get his case tried before the election". Trump's lawyers called the report a "politically-motivated attack" and said releasing it ahead of Trump's return to the White House would harm the presidential transition.
Much of the evidence cited in the report has been previously made public. But it includes some new details, such as that prosecutors considered charging Trump with inciting the Jan. 6, 2021 attack on the US Capitol under a US law known as the Insurrection Act. 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 bid 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 US voters of their voting rights.
A second section of the report details Smith's case accusing Trump of illegally retaining sensitive national security documents after leaving White House in 2021.The justice department hasn't made that portion public while 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 last year's election, citing a longstanding Justice Department policy against prosecuting a sitting president. Neither reached a trial. Trump pleaded not guilty to all charges.