Department of Justice report claims Trump would have been convicted of election interference

Former Special Council Jack Smith has partially released a report that states that President-elect Donald Trump would have been convicted of illegally trying to overturn the result of the 2020 presidential election if he had lost the 2024 election. Trump has responded by calling Smith “deranged” and the findings “fake.”

Trump’s reelection would have appeared to have saved him from a whole host of legal problems. The biggest of which could be considered as the investigation into his role in the January 6 insurrection riots on Capitol Hill in 2021. When Trump lost the election to Joe Biden, he made numerous claims that the election had been fraudulently stolen, claims which have since been debunked. His rhetoric on the day is believed to have caused the riot at Capitol Hill in an attempt to overturn the democratic process of the peaceful transition of power. He was also accused of pressuring officials to overturn the 2020 result.

In 2022, Smith was appointed to the role of Special Counsel by the Department of Justice to oversee the investigation into Trump. The cases were dismissed in November of 2024 after Trump won the 2024 election, as DoJ regulations forbid the prosecution of a sitting president. While the case may be closed, that doesn’t mean that Smith can’t release the findings, which is exactly what he has begun to do.

The report made public

The report was sent to Congress, where some time was spent going over the legal ramifications of releasing it in part or in whole to the public. The portion that pertains to Trump’s efforts to undermine and subvert the 2020 election has been made available to the public. The second half, which has yet to be made public, goes into whether Trump unlawfully kept classified documents at his residence in Mar-a-Lago in an effort to block the DoJ’s investigation.

In the released half of the report, on page 137, Smith wrote “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.” In his opening statement, he also addressed the notion that his investigation into Trump was politically motivated. Smith wrote, “To all who know me well, 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 also praised his team for the work while simultaneously shielding them, writing, “While I relied greatly on the counsel, judgment, and advice of our team, I want it to be clear that the ultimate decision to bring charges against Mr. Trump was mine.” While the matter has been settled for now, given Trump’s imminent return to office, there are still questions as to whether the investigation could be opened again when Trump’s presidency ends in another four years. In his request to the court to dismiss the case, Smith cited a memo from 2000 which states that, “Recognizing an immunity from prosecution for a sitting President would not preclude such prosecution once the President’s term is over or he is otherwise
removed from office by resignation or impeachment.”

Whether or not the investigation against Trump would be reopened after his term ends is yet unknown. It would also depend on if a Democrat or a Republican wins the next election, with the latter unlikely to go after Trump.