Trump, Prosecutor Smith report: conviction avoided thanks to 2024 re-election

Special Prosecutor Jack Smith concluded that Donald Trump would have been convicted of crimes committed in an attempt to subvert the results of the 2020 election had he not won the 2024 presidential election

Special Prosecutor Jack Smith has instituted two federal prosecutions against Donald Trump: one for attempting to subvert the results of the 2020 election and the other for holding classified documents at Mar-a-Lago. According to Smith, Trump would have been convicted had he not won the 2024 presidential election. This conclusion was published today after a court battle to block the disclosure of the report.

Resignation of Prosecutor Smith

Prosecutor Smith resigned on Friday to prevent his dismissal. In the report, Smith describes his decision to ask the court to dismiss the charges against Trump after his re-election, saying the evidence was sufficient to secure a conviction.

Publication of the Report

US District Court Judge Aileen Cannon authorised the publication of the 6 January volume, but not the second volume concerning the handling of classified documents. Attorney General Merrick Garland said he does not intend to publish that section because the case is still pending for Trump’s former co-defendants.

Letter to the Attorney General

In a letter to Attorney General Garland, Smith defends his investigation into Trump, assuring that his decisions were free from political interference. Smith states that, had he been allowed to proceed, he would have obtained a conviction against Trump. In the letter, Smith also responds to attacks by Trump, who accused him of instigating a politically motivated prosecution.

Allegations of Electoral Subversion

Smith’s report claims that Trump attempted to subvert the will of the people and overturn the results of the 2020 election. The report describes Trump’s attempts to pressure state officials and Vice President Mike Pence, and the 6 January attack on the Capitol by Trump supporters. The report mirrors the charge of election subversion filed against Trump in 2023, reworked in 2024, and finally withdrawn after Trump’s victory in the November election.

Trump’s reactions

Trump responded to the report with several posts on his Truth social, attacking Smith and calling him a deranged prosecutor. Trump claimed that he won the election overwhelmingly and that the voters had spoken.

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