A report authored by Jack Smith, the special counsel hired by Attorney General Merrick Garland to investigate the conduct of Donald Trump, has been released after Trump's lawyers exhausted their legal options.
There are two volumes to the report, but only the first volume was released to the public early Tuesday. It is unclear if the second volume will ever be made public.
The first volume deals with Trump's alleged attempts to overturn the results of the 2020 election. In the report, Smith provides an explanation as to why his team tried to prosecute the case against Trump.
A grand jury indicted Trump on Aug. 1, 2023, on four federal charges relating to efforts to overthrow the election.
Trump's attorneys appealed all the way to the Supreme Court, arguing that former presidents are immune from criminal prosecution. Judge Tanya Chutkan decided to wait to hear the case until the Supreme Court's ruling, which did not come until July 1. The Supreme Court did not give blanket immunity to former presidents, but said former presidents could not be prosecuted for official acts while in office.
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On Aug. 27, 2024, Smith issued a superseding indictment maintaining the four charges against Trump, although altering some of the specific allegations in light of the Supreme Court's ruling.
Even with the changes, Smith said that the case against Trump was "was sufficient to obtain and sustain a conviction at trial."
On Nov. 25, 2024, Smith filed a motion to have the case dismissed with Trump set to become inaugurated on Jan. 20. Sitting presidents are immune to prosecution while in office.
"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," Smith wrote. "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 a trial."
Todd Blanche, who heads Trump's legal team, was able to see the document before its release. He unsuccessfully appealed to block the public release of the report.
Blanche maintained that Smith's work was "politically motivated," and that Smith's appointment as special counsel was illegal. Blanche had appealed the case, claiming that Smith's appointment was improper. Federal courts rejected Blanche's argument since special counsels have long been used by the Department of Justice when handling politically sensitive cases.
"It is clear, as has been the case with so many of the other actions of Smith and his staff, that the draft report merely continues Smith's politically-motivated attack, and that his continued preparation of the report and efforts to release it would be both imprudent and unlawful," Blanche wrote.
In the report, Smith defended himself and his team's work.
"While we were not able to bring the cases we charged to trial, I believe the fact that our team stood up for the rule of law matters," he wrote. "I believe the example our team set for others to fight for justice without regard for the personal costs matters. The facts, as we uncovered them in our investigation and as set forth in my report, matter. Experienced prosecutors know that you cannot control outcomes, you can only do your job the right way for the right reasons. I conclude our work confident that we have done so, and that we have met fully our obligations to the department and to our country."
A second volume of the report has been prepared but not released to the public. That report deals with Trump's alleged mishandling of classified documents after leaving the presidency.
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Trump was charged with 37 felony counts involving classified documents found at his Mar-a-Lago residence after he left office. The charges were dismissed on July 15 by Judge Eileen Cannon after she stated that Smith's appointment as special counsel was improper.
Although Smith had successfully appealed his case, he opted not to prosecute Trump in light of his November 2024 election victory.
But two of Trump's previous codefendants, Walt Nauta and Carlos De Oliveira, are still being tried. A public release of the report would likely not occur until that case is settled.
It is also possible that a Trump administration's Department of Justice opts not to release the second volume.
Smith resigned as special counsel on Saturday as Trump is set to take office on Jan. 20. Trump had already stated that had Smith remained as special counsel, he would have been fired.
