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Trump would have been convicted if Jan. 6 case went to trial: Special counsel

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The Justice Department posted special counsel Jack Smith’s investigative report on the 2020 election interference case involving President-elect Donald Trump to its website Tuesday, Jan, 14. In it, Smith said he believed there was sufficient evidence to convict Trump of trying to obstruct the 2020 election results should the case have gone to trial. 

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Trump pleaded not guilty to the charges. The DOJ dismissed the case after his presidential election victory in November due to its policy not to prosecute a sitting president. 

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“The Department’s view that the Constitution prohibits the continued indictment and prosecution of a president 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, which the office stands fully behind,” Smith wrote in the 137-page report.

He added, “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 knew he lost the election: Smith

Smith’s team determined Trump knew there was no “outcome-determinative fraud in the 2020 election” and “that many of the specific claims that he made were untrue.” Smith claimed Trump knew he had lost the election. 

Smith, who resigned from the Justice Department last week, wrote his team had no interest in affecting the presidential election. In a letter to Attorney General Merrick Garland, he wrote, “My office had one north star: to follow the facts and law wherever they led. Nothing more and nothing less.” 

The president-elect criticized the release of the report on Truth Social. Trump called Smith “a lamebrain prosecutor.” He also said Smith “was unable to get his case tried before the election, which I won in a landslide.” 

This is just one of two volumes making up Smith’s final report. Another volume detailing his findings on Trump’s classified documents case remains confidential.

A hearing is set for Friday, Jan. 17, where a judge will decide the fate of that portion of the report.

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[craig nigrelli]

SHORTLY BEFORE 1 A.M. THIS MORNING – THE JUSTICE DEPARTMENT POSTED TO ITS WEBSITE SPECIAL COUNSEL JACK SMITH’S REPORT ON HIS FINDINGS ON THE INVESTIGATION INTO THE ELECTION INTERFERENCE CASE INVOLVING PRESIDENT-ELECT DONALD TRUMP.

IN IT, SMITH SAYS HE BELIEVED THERE WAS SUFFICIENT EVIDENCE TO CONVICT TRUMP OF TRYING TO OBSTRUCT THE 2020 ELECTION RESULTS SHOULD THE CASE HAVE GONE TO TRIAL.

TRUMP PLEADED NOT GUILTY TO THE CHARGES AND THE CASE WAS EVENTUALLY DISMISSED AFTER TRUMP’S PRESIDENTIAL ELECTION VICTORY IN NOVEMBER DUE TO THE JUSTICE DEPARTMENT’S POLICY NOT TO PROSECUTE A SITTING PRESIDENT.

[FS GFX 1]

IN THE 137-PAGE REPORT – SMITH WROTE QUOTE “THE DEPARTMENT’S VIEW THAT THE CONSTITUTION PROHIBITS THE CONTINUED INDICTMENT AND PROSECUTION OF A PRESIDENT IS CATEGORICAL AND DOES NOT TURN ON THE GRAVITY OF THE CRIMES CHARGED,

[FS GFX 2]

THE STRENGTH OF THE GOVERNMENT’S PROOF OR THE MERITS OF THE PROSECUTION, WHICH THE OFFICE STANDS FULLY BEHIND.

[FS GFX 3]

CONTINUING, QUOTE “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.”

[3-MONITOR]

IN THE REPORT – SMITH SAID HIS TEAM DETERMINED THAT TRUMP KNEW THERE WAS NO “OUTCOME-DETERMINATIVE FRAUD IN THE 2020 ELECTION” AND “THAT MANY OF THE SPECIFIC CLAIMS THAT HE MADE WERE UNTRUE.” SMITH SAID TRUMP KNEW HE HAD LOST THE ELECTION.

SMITH — WHO RESIGNED FROM THE JUSTICE DEPARTMENT LAST WEEK — WROTE HIS TEAM HAD NO INTEREST IN AFFECTING THE PRESIDENTIAL ELECTION AND IN A LETTER TO ATTORNEY GENERAL MERRICK GARLAND ACCOMPANYING THE REPORT HE WROTE QUOTE

[FS GFX 4]

“MY OFFICE HAD ONE NORTH STAR: TO FOLLOW THE FACTS AND LAW WHEREVER THEY LED. NOTHING MORE AND NOTHING LESS.”

THE PRESIDENT-ELECT CRITICIZED THE RELEASE OF THE REPORT ON TRUTH SOCIAL – CALLING SMITH QUOTE ” A LAMEBRAIN PROSECUTOR WHO WAS UNABLE TO GET HIS CASE TRIED BEFORE THE ELECTION, WHICH I WON IN A LANDSLIDE”. END QUOTE

THIS IS JUST ONE OF TWO VOLUMES MAKING UP SMITH’S FINAL REPORT. ANOTHER VOLUME DETAILING HIS FINDINGS ON TRUMP’S CLASSIFIED DOCUMENTS CASE REMAINS CONFIDENTIAL. A HEARING IS SET FOR FRIDAY WHERE A JUDGE WILL DECIDE THE FATE OF THAT PORTION OF THE REPORT.