Special Counsel Jack Smith revealed in his final report submitted to Congress that had Donald Trump faced a trial regarding the January 6 insurrection, he would likely have been convicted. This report was published late Monday night (early Tuesday on the East Coast).
According to the report, shared by the New York Times, Department of Justice lawyers argue that Trump avoided accountability for his attempts to illegally and violently overturn the 2020 election solely because he was reelected as president.
Smith’s 187-page report states, “The department’s view that the Constitution prohibits the continued indictment and prosecution of a president is categorical and does not depend on the gravity of the crimes charged, the strength of the government’s proof, or the merits of the prosecution, which the office fully supports.”
Furthermore, it continues, “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.”
While the report’s findings related to Trump’s election interference have been disclosed, the investigation concerning the mishandling of classified documents remains undisclosed.
The report’s impact is expected to be minimal in the short term and unlikely to have long-term consequences unless Trump takes retributive actions. The justice department, under Merrick Garland, has been criticized for resisting investigations into Trump for nearly two years, giving the incoming president ample time to prepare a defense. This situation led to the troubling Supreme Court decision granting presidents a near-absolute immunity under vague circumstances.
The case Trump v. U.S. introduced the previously unrecognized concept of unaccountable executive power, simply stating that “official acts” are shielded from criminal liability without a clear definition. As a result, when Trump resumes office, he may be able to act in ways that render any future investigations impossible, with the likely assurance of immunity from a Republican-majority court, which includes three justices he appointed.
Nonetheless, significant evidence of the president-elect’s actions following the 2020 election is now publicly available.
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