Attorney General Merrick Garland has submitted a portion of former special counsel Jack Smith’s final report on his investigations into President-elect Donald Trump to Congress after a court order blocking its release expired. The report details the prosecution of Trump based on evidence gathered by Smith’s office, stating that there was enough admissible evidence to obtain and sustain a conviction at trial. The report was made public after days of legal battles over its disclosure.
Smith’s report focused on two main issues: Trump’s alleged efforts to subvert the transfer of power after the 2020 election, and allegations that Trump unlawfully held onto classified documents and obstructed the Justice Department’s investigation. In a letter accompanying the report, Smith defended his decision to pursue charges against Trump and dismissed accusations of political influence on his actions.
After the release of the report on the 2020 election probe, Trump criticized Smith on social media, calling him a “lamebrain prosecutor” and questioning the timing of the report’s release. Smith’s report highlighted Trump’s deceitful claims of election fraud as a central theme in his alleged criminal efforts.
The report also recounted details of the violence at the U.S. Capitol on January 6, 2021, when a mob of Trump’s supporters breached the building in an attempt to stop Congress from certifying President Biden’s win. Prosecutors alleged that Trump incited the rioters, but Smith noted that there was no direct evidence of Trump’s intent to cause the full scope of the violence that occurred.
Since the January 6 attack, over 1,500 people have been charged for their involvement. Smith emphasized Trump’s relative culpability in the events and detailed evidence gathered from interviews and grand jury testimony that implicated Trump in alleged crimes, including pressuring Vice President Mike Pence and supporting false electors.
In the summer of 2023, a federal grand jury indicted Trump on four counts related to the events of January 6. Smith’s office considered other charges, including under the Insurrection Act, but ultimately decided against them due to litigation risks. Trump was charged with participating in crimes with unnamed co-conspirators, and Smith’s office continued to investigate others involved in the events.
Trump’s defense attorneys had requested Garland to remove Smith from his post and stop the release of the report, alleging that Smith exceeded his legal authority. Trump denied any wrongdoing and criticized the political motivations behind the investigation.
The legal battle over the report culminated in its release before Trump’s second term in office. Garland stated that the second part of the report related to ongoing proceedings would not be publicly disclosed. Smith resigned as special counsel, and the Justice Department prosecutors took over the remaining matters from his investigations.
Smith’s tenure as special counsel began in 2022, and his investigations led to indictments against Trump, marking a historic moment in prosecuting a former president for federal crimes. The charges were dismissed following Trump’s reelection, as the Justice Department policy prohibits the prosecution of a sitting president.
Garland has committed to making all special counsel reports public during his tenure, ensuring transparency in high-profile investigations. The release of Smith’s report sheds light on the legal proceedings against Trump and the events surrounding the January 6 attack on the Capitol.
