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Jack Smith: Enough Evidence to Convict Trump for Election Subversion If He Weren’t Reelected

HeadlineJan 14, 2025

The Justice Department has released special counsel Jack Smith’s report detailing what he called Donald Trump’s “criminal efforts to retain power” after losing the 2020 election. In the report, Smith said there was enough evidence to convict Trump, but that proceeding with the prosecution became impossible after Trump was elected two months ago. Smith wrote, “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.” Smith went on to write, “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.”

The Justice Department has not yet released a second part of Smith’s report that covers his investigation into Trump’s mishandling of classified documents.

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