News Donald Trump would have been convicted had he not won 2024 election, DoJ report claims

Eliana Silver

Guest Reporter
Donald Trump would have been convicted of illegally attempting to overturn the 2020 presidential election had he not won the presidency in 2024, according to a newly released report by Special Counsel Jack Smith.

The evidence against Trump was "sufficient to obtain and sustain a conviction at trial," Smith wrote in the report released to Congress.



The case against the former president has now been dismissed, as Department of Justice regulations prevent the prosecution of a sitting president.

Smith stated he "stands fully behind" the merits of bringing the prosecution and the strength of the case.


Trump and Smith


The special counsel's 137-page document was submitted to Congress after midnight on Tuesday, following a period of legal deliberation.

The report details Trump's "unprecedented efforts to unlawfully retain power" through "threats and encouragement of violence" against perceived opponents.

Smith's investigation found that Trump's actions were built upon election fraud claims he knew to be false.

"But for Mr Trump's election [in 2024] and imminent return to the presidency, the office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial," the report states.

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The document explains that the Department of Justice's position on prosecuting sitting presidents "is categorical and does not turn on the gravity of the crimes charged".

Investigators faced "significant challenges", including Trump's use of social media to target witnesses, courts, and justice department employees.

The case presented prosecutors with an unprecedented situation when "a private citizen who has already been indicted is then elected president".

Trump hit back at the report, calling Smith "deranged" and dismissing his findings as "fake".



Taking to his Truth Social website, Trump taunted the special counsel, writing that Smith "was unable to get his case tried before the election, which I won in a landslide".

"THE VOTERS HAVE SPOKEN!!!" Trump added in his social media post.

The president-elect, who will return to the White House next week, has consistently denied any wrongdoing.

After his victory in the November 2024 election, the various legal challenges Trump had been facing have largely disappeared.



Trump was accused of pressuring officials to reverse the 2020 election result and knowingly spreading false claims about election fraud.

The former president was also charged with seeking to exploit the riot at the US Capitol on January 6, 2021.

Smith firmly rejected suggestions that the case was politically motivated.

"The claim from Mr Trump that my decisions as a prosecutor were influenced or directed by the [President Joe] Biden administration or other political actors is, in a word, laughable," Smith wrote.


Supporters outside Trump court case


The special counsel, who was appointed in 2022 to oversee US government investigations into Trump, reflected in an accompanying letter: "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."

Judge Aileen Cannon ordered a hearing later this week on whether to release the second part of Smith's report, which concerns separate allegations about Trump keeping classified documents at his Florida home.

The judge had temporarily halted the release of the complete Smith report due to concerns about ongoing cases.

Two Trump associates still face pending charges in the classified documents case.



Walt Nauta, Trump's personal aide, and Carlos De Oliveira, the property manager at Mar-a-Lago, are accused of helping Trump hide documents.

Their lawyers argued that releasing Smith's full report could prejudice future jury selection and trials.

The first part of the report was cleared for release after a period of legal negotiations that concluded with Judge Cannon's approval.

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