DOJ releases former special counsel Jack Smith’s report on Trump’s election meddling case

The Justice Department released Volume 1 of former special counsel Jack Smith’s final report on his now-closed investigations into President-elect Donald Trump, just days before he is to be sworn in.

Attorney General Merrick Garland released the first volume, focusing on the election case against Trump, of Smith’s report at midnight Tuesday after back-and-forth in the federal court system. The report was released at midnight because that was when the original hold on Volume 1 expired.

An opening letter from Smith, who resigned last week, to Garland said it is “ridiculous” that Trump believes the Biden administration or other political actors influenced or directed his decisions as a prosecutor, stating that he was governed by the principles of Federal Prosecution.

Trump’s cases represented those “where the offense (was) the most flagrant, the public harm the greatest, and the evidence the most certain,” Smith said, referring to the principles.

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In the 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 he lost the 2020 election.

Smith said in his conclusion that the parties were determining whether any material in the “offended indictment was subject to presidential immunity” when it became clear that Trump had won the 2024 election. The division then ruled that the case should be dismissed, before he takes office because of how it interprets the constitution.

“The Department’s view that the Constitution prohibits the continued impeachment and prosecution of a President is categorical and does not turn on the seriousness of the crimes charged, the strength of the government’s evidence, or the merits of the prosecution, which the office fully supports.” , the report states.

In an early Tuesday morning post on Truth Social, Trump called Smith “desperate” and “disturbed” for releasing his “false findings” in the middle of the night.

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Garland appointed former Justice Department official Jack Smith as special counsel in November 2022.

Smith, a former assistant US attorney and head of the DOJ’s public integrity section, led the investigation into Trump’s retention of classified documents after leaving the White House and whether the former president blocked the federal government’s investigation into the matter.

Smith was also tasked with overseeing the investigation into whether Trump or other officials and entities interfered in the peaceful transfer of power after the 2020 presidential election, including the certification of the Electoral College vote on January 6, 2021.

Smith accused Trump in both cases, but Trump pleaded not guilty.

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The classified records case was dismissed in July 2024 by US District Court for the Southern District of Florida, Judge Aileen Cannon, who ruled that Smith was illegally appointed as special counsel.

Smith sued Trump in the US District Court for Washington DC in his 2020 election case, but after Trump was elected president, Smith sought to dismiss the suit. Judge Tanya Chutkan granted that request.

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This month, however, Cannon temporarily blocked the release of Smith’s final report. A federal appeals court overturned her decision and allowed the Justice Department to release Smith’s report.

In the classified records investigation, Smith accused Trump of 37 federal charges, including knowingly withholding national defense information, conspiracy to obstruct justice and making false statements. Trump pleaded not guilty.

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Trump was also charged with three additional counts as part of a superseding indictment from the investigation: one additional count of willfully withholding national defense information and two additional counts of obstruction.

In the 2020 election case, Smith accused Trump of conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; violation of an official procedure; and conspiracy against rights. Trump pleaded not guilty.

The cases that Smith brought against Trump never made it to trial in either jurisdiction.

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Despite efforts by Trump’s lawyers to prevent the report’s release, Attorney General Merrick Garland had maintained that he would release at least one volume of Smith’s report.

This is a development story. Please check back for updates.