The Justice Department has released the first volume of Special Counsel Jack Smith’s final report on its investigation into President-elect Donald Trump, just days before his inauguration.
After conflicting discussions in federal court, Attorney General Merrick Garland released the first volume of the Smith Report, which focuses on President Trump’s election case, at midnight on Tuesday.
Smith’s opening statement to Garland said it was “funny” that Trump believed the Biden administration or other political actors influenced or dictated his decisions as a prosecutor and that he was guided by federal prosecutorial principles.
“Trump’s case represents one where the crime is the most heinous, the harm to the public is greatest, and the evidence is most solid,” Smith said, citing the principle.
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Split image featuring U.S. Attorney General Merrick Garland, President Donald Trump, and Special Prosecutor Jack Smith. (Ting Shen/Bloomberg via Getty Images | Photo by Rebecca Noble/Getty Images | Photo by Alex Wong/Getty Images)
In a lengthy report, Smith said his office fully supports the decision to file criminal charges against Trump because he “resorted to a series of criminal efforts to maintain power” after losing the 2020 election.
In his conclusion, Smith said both parties were deciding whether “the substance of the superseding indictment should be subject to presidential immunity” when it becomes clear that Trump won the 2024 election. The department then decided the case should be dismissed before he takes office because of the way it interprets the Constitution.
“The Department of Defense’s view that the Constitution prohibits the continued indictment and prosecution of the President is resolute and does not discount the seriousness of the crimes charged, the strength of the Government’s evidence, or the merits of the prosecution, which the Office of the Attorney General fully supports. “, the report said.
In a post to Truth Social early Tuesday morning, President Trump called Smith “desperate” and a “crazy person” for publishing his “fake research” in the middle of the night.
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Garland appointed former Justice Department official Jack Smith as special prosecutor in November 2022.
Smith, a former assistant U.S. attorney and head of the Justice Department’s public integrity division, led the investigation into whether Trump kept classified documents after leaving the White House and whether the former president obstructed the federal government’s investigation into the matter.
Attorney General Merrick Garland speaks during a news conference at the Department of Justice in Washington, Tuesday, September 24, 2024. (AP Photo/Mark Schiefelbein)
Smith is also tasked with overseeing the investigation into whether Trump or other officials and groups interfered with the peaceful transfer of power after the 2020 presidential election, including the certification of the Electoral College votes on January 6, 2021.
Smith prosecuted Trump in both cases, but Trump pleaded not guilty.
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The confidential records case was dismissed in July 2024 by Judge Aileen Cannon of the U.S. District Court for the Southern District of Florida, who ruled that Smith had been illegally appointed as a special prosecutor.
Special Prosecutor Jack Smith recently requested that charges filed against President Trump be dismissed for allegedly interfering with the certification of the 2020 presidential election. (Bill O’Leary/The Washington Post via Getty Images)
Smith prosecuted Trump in U.S. District Court in Washington, D.C., in a 2020 election lawsuit, but after Trump was elected president, Smith sought to have the case dismissed. Judge Tanya Chutkan granted the request.
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But this month, Cannon temporarily blocked the release of Smith’s final report. A federal appeals court overturned her ruling and allowed the Justice Department to release Smith’s report.
Mar-a-Lago resort in Palm Beach, Florida, owned by former President Donald Trump. (Charles Trainor Jr./Miami Herald/Tribune News Service via Getty Images)
In the classified records investigation, Smith charged Trump with 37 federal charges, including willful retention of national defense information, conspiracy to obstruct justice, and making false statements. Trump pleaded not guilty.
This image, included in a court filing by the Justice Department on August 30, 2022 and partially redacted by the source, shows a photo of documents seized by the FBI during a search of former President Donald Trump’s Mar-a-Lago estate on August 8. It shows. . (DOJ via AP)
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Trump was also indicted on three additional counts as part of the superseding indictment. There are two charges of intentional retention and obstruction of national defense information.
In the 2020 election case, Smith charged Trump with conspiracy to defraud the United States. Conspiracy to obstruct official proceedings; Violation of official procedures; And a conspiracy against rights. Trump pleaded not guilty.
Smith’s lawsuit against Trump has not gone to trial in any jurisdiction.
Former U.S. President Donald Trump walks to address the media at the end of the day during his trial on charges of concealing hush money payments in Manhattan Criminal Court in New York City, May 7, 2024. (Getty Images)
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Despite efforts by Trump’s lawyers to block the report’s release, Attorney General Merrick Garland insisted that at least one copy of the Smith report be released.
This is a developing story. Please check back for updates.
