Special counsel Jack Smith, in a highly anticipated report released on Tuesday, defended his team’s work investigating former President Donald Trump’s efforts to overturn the 2020 election results. Smith emphasized that his decision to bring criminal charges against Trump was firmly rooted in the belief that the evidence would have led to a conviction, had Trump not been re-elected in 2024.
“Our team stood up for the rule of law,” Smith wrote, adding that Trump’s actions were marked by “deceit — knowingly false claims of election fraud — used as a weapon to undermine a fundamental democratic process.”
The report, published just days before Trump’s return to the White House on January 20, casts a harsh light on the Republican leader’s failed attempts to cling to power after losing to Joe Biden in 2020. It serves as the Justice Department’s final account of events that threatened the bedrock principle of a peaceful transfer of power, complementing previously released indictments and investigations.
Trump responded with a defiant post on Truth Social, declaring his innocence and dismissing Smith as “a lamebrain prosecutor who failed to get his case tried before the election.” He concluded with, “THE VOTERS HAVE SPOKEN!!!”
Legal and Procedural Challenges
In August 2023, Trump was indicted on charges related to efforts to overturn the election. However, the case was delayed by appeals and ultimately stymied by a conservative-majority Supreme Court ruling that former presidents enjoy broad immunity from criminal prosecution for official acts.
According to Smith’s report, the Supreme Court decision introduced unresolved legal questions that would have required further litigation. While Smith sought to press forward, longstanding Justice Department policies prohibit the indictment or prosecution of a sitting president.
“The Department’s position that the Constitution bars prosecuting a president is absolute and unaffected by the seriousness of the charges or the strength of the evidence,” the report stated. “Had it not been for Mr. Trump’s re-election, we believed the evidence was sufficient to secure a conviction at trial.”
Faced with these constraints, Smith’s team dismissed the indictment in November 2023.
Trump’s Attempts to Subvert the Election
The report provides an exhaustive account of Trump’s efforts to overturn the election, describing them as an “unprecedented criminal campaign to retain power.” These included pressuring the Justice Department to pursue baseless fraud claims, orchestrating a scheme involving fake electors in battleground states, and inciting an angry mob to storm the U.S. Capitol on January 6, 2021.
One particularly contentious moment occurred when Trump clashed with then-Vice President Mike Pence. On the morning of January 6, Trump urged Pence to refuse to certify the electoral vote count. When Pence resisted, Trump reportedly expressed anger and instructed staff to include language targeting Pence in his speech at the Ellipse.
The report also sheds light on Trump’s attempts to intimidate state and federal officials, judges, and election workers through social media.
“Mr. Trump’s conduct during the investigation and his use of platforms like Twitter to attack those who opposed his false claims of election fraud were part of a broader strategy of intimidation,” Smith wrote.
Defense Against Criticism
In the report, Smith strongly refuted accusations by Trump and his allies that the investigation was politically motivated or carried out in collaboration with the Biden administration.
“The suggestion that our inquiry was influenced by political bias is laughable,” Smith stated, adding, “While we could not bring the case to trial, our commitment to the rule of law and justice remains critical.”
Smith also detailed the obstacles his team faced, including Trump’s frequent invocation of executive privilege to block witness testimony and his use of social media to target prosecutors, witnesses, and courts.
Weighing Charges
The special counsel’s report offers insights into the decisions behind the charges brought against Trump. Smith’s team opted not to charge Trump with incitement due to concerns about free speech and declined to pursue insurrection charges, citing legal uncertainty about trying a sitting president for an offense with no historical precedent.
Additionally, the report confirmed that a separate volume detailing Trump’s handling of classified documents at Mar-a-Lago remains sealed.
Closing Reflections
In a letter to Attorney General Merrick Garland included with the report, Smith emphasized the broader significance of the investigation.
“Even though we were unable to prosecute the case, the example set by our team — fighting for justice despite personal costs — is what matters most,” Smith wrote.
He concluded with a call to vigilance, urging future administrations to safeguard democratic processes against efforts to subvert them.