Trump Would Have Been Convicted if Not Elected: Special Counsel Report
RSS/AFP
Published 2025 Jan 15 Wednesday
Washington: Former Special Counsel Jack Smith stated in a report that former President Donald Trump would have faced conviction for his alleged efforts to overturn the 2020 election results had he not been re-elected four years later. The report, published by US media early Tuesday, highlights constitutional protections shielding a sitting president from prosecution.
According to the report, the US Department of Justice's interpretation of the Constitution bars the indictment and prosecution of a sitting president, regardless of the severity of the alleged crimes or the strength of the evidence. Smith noted, "But for Mr. Trump's election and imminent return to the Presidency, the admissible evidence was sufficient to obtain and sustain a conviction at trial."
The allegations against Trump included conspiracy to defraud the United States and conspiracy to obstruct Congress during the certification of President Joe Biden's 2020 election victory. This process was violently disrupted on January 6, 2021, by a mob of Trump supporters storming the Capitol.
Smith, appointed as special counsel to investigate Trump's actions, dropped the federal criminal case following Trump's November presidential election win. His report underscores the challenges in prosecuting a sitting president under existing legal interpretations.
Trump swiftly responded to the report on his Truth Social platform, calling Smith "deranged" and accusing him of failing to prosecute "the Political Opponent of his 'boss'." He also criticized the timing of the report's release, stating, "To show you how desperate Deranged Jack Smith is, he released his Fake findings at 1:00 A.M. in the morning."
The controversy around Trump's legal challenges extends beyond this case. Judge Aileen Cannon, a Trump appointee, dismissed a separate case against him last year concerning his handling of classified documents after leaving the White House. However, charges remain against two of his former co-defendants.
Smith, who submitted his final report before leaving the Justice Department last week, has concluded his tenure as special counsel, leaving unresolved debates about presidential immunity and accountability.