RESULTS ARE IN

Bombshell Jack Smith Report Says Trump Would Have Been Convicted

Trump has his 2024 election win to thank for avoiding jail, according to Jack Smith’s long-awaited report.

Special Counsel Jack Smith made his opinion clear in his much-anticipated report on Donald Trump’s 2020 election interference investigation that if Trump hadn’t been re-elected in November, he surely would have been convicted.

Released Tuesday morning by the Justice Department, the final report describes the “unprecedented criminal effort” by Trump “to overturn the legitimate results of the election in order to retain power” in 2020.

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The first volume of the report was initially blocked from public access by U.S. District Judge Aileen Cannon—who then denied a request to extend the ban on Monday. The second volume is still held under court order.

Trump initially faced four charges: conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of, or attempt to obstruct, an official proceeding; and conspiracy against rights.

But when Trump won the election, Smith dropped the case—along with a second case accusing Trump of mishandling classified documents—citing DOJ policy which bans the prosecution of a sitting president. “This outcome is not based on the merits or strength of the case against the defendant,” Smith wrote at the time.

The hefty 137-page document notes this rule, and adds that had Trump not won the 2024 presidential election, there was enough evidence to put him behind bars.

“The Department’s view that the Constitution prohibits the continued indictment and prosecution of a President is categorical and does not tum on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Office stands fully behind,” the report says. “Indeed, but for Mr. Trump’s election and imminent return to the Presidency, the Office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial.”

Trump had pleaded not guilty in his cases, though the cases were dismissed “without prejudice”—meaning charges could theoretically be filed again when Trump leaves office.

The report concludes with a quote from Trump claiming he has “complete exoneration.”

“That is false,” the report says. “The Department’s view that the Constitution prohibits Mr. Trump’s indictment and prosecution while he is in office is categorical and does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution—all of which the Office stands fully behind.”

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