The Justice Department released Volume I of Special Counsel Jack Smith's final report on his now-closed investigations into President-elect Donald Trump, days before he takes office.
Attorney General Merrick Garland released the first volume, which focuses on the election case against Trump, of the Smith report at midnight Tuesday after going back and forth through the federal court system.
An opening letter from Smith to Garland said it was “laughable” that Trump believed the Biden administration, or other political actors, influenced or directed his decisions as prosecutor, stating that he was guided by the principles of federal prosecution.
“Trump's cases represented those “in which the offense [was] the most egregious, the greatest public harm and the most certain proof,” Smith said, referring to the principles.
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In the lengthy report, Smith said his office fully supported the decision to bring criminal charges against Trump because he “resorted to a series of criminal efforts to retain power” after losing the 2020 election.
Smith said in his conclusion that the parties were determining whether elements of the “superseding indictment were subject to presidential immunity” when it became clear that Trump had won the 2024 election. department then determined that the case should be dismissed before he took office because of how he interprets the Constitution.
“The Department's view that the Constitution prohibits the continued indictment and prosecution of a president is categorical and does not depend on the seriousness of the crimes charged, the strength of the government's case, or the merits of the prosecution, which the Bureau fully supports,” the report states.
In an article published early Tuesday morning on Truth Social, Trump called Smith “desperate” and “disturbed” for publishing his “false findings” in the middle of the night.
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Garland named former Justice Department official Jack Smith as special advisor in November 2022.
Smith, a former assistant U.S. attorney and head of the Justice Department's public integrity section, led the investigation into Trump's retention of classified documents after leaving the White House and whether the former president had obstructed 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 with the peaceful transfer of power following the 2020 presidential election, including the certification of the Electoral College vote on January 6 2021.
Smith charged Trump in both cases, but Trump pleaded not guilty.
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The classified 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 special counsel.
Smith indicted Trump in U.S. District Court in Washington, D.C. as part of his 2020 election case, but after Trump was elected president, Smith sought to dismiss the case. Judge Tanya Chutkan granted this request.
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This month, however, Cannon temporarily blocked the release of Smith's final report. A federal appeals court overturned his decision, allowing the Justice Department to make Smith's report public.
As part of the classified records investigation, Smith charged Trump with 37 federal counts, including willful withholding of national defense information, conspiracy to obstruct justice and making false statements. Trump has pleaded not guilty.
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Trump was also charged with three additional counts in a superseding indictment: an additional count of willful withholding of national defense information and two additional counts of obstruction.
In connection with the 2020 election, Smith accused Trump of conspiring to defraud the United States; conspiracy to obstruct an official proceeding; violation of official procedure; and conspiracy against rights. Trump has pleaded not guilty.
Smith's lawsuits against Trump have never gone 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 said he would release at least one volume of Smith's report.
This is a developing story. Please check again for updates.