In a comprehensive 130-page report released on Tuesday, US Special Counsel Jack Smith detailed that former president Donald Trump could have been convicted in the case involving alleged interference in the 2020 election if he had not been re-elected. 

Smith’s report, published just days before Trump’s second inauguration on January 20, concludes that Trump’s actions in attempting to retain power following his loss to Joe Biden amounted to an “unprecedented criminal effort”.

Smith’s report states that Trump’s criminal actions were driven by deceit, particularly his deliberate spread of false claims regarding election fraud. These falsehoods were wielded as a tool to undermine a core element of the US democratic process: the election certification.

Trump was charged in August 2023 for attempting to overturn the election results. However, the case faced delays due to appeals and was ultimately narrowed by the Supreme Court, which ruled that former presidents enjoy broad immunity from criminal prosecution related to their official duties.

The report affirms the Justice Department’s stance, which maintains that the Constitution prevents the indictment of a sitting President, regardless of the severity of the alleged crimes. The department stated its firm belief in the prosecution’s merits but cited constitutional constraints preventing legal action while Trump remained in office.

Smith’s report also introduced new information, including prosecutors’ consideration of charging Trump with inciting the January 6, 2021 Capitol riot under the Insurrection Act. Ultimately, they decided against this charge, citing insufficient evidence to prove that Trump intended the full scope of violence that occurred during the riot, when a mob of his supporters attempted to disrupt the certification of the 2020 election results.

While the indictment focused on charges of conspiring to obstruct the certification process, defrauding the government, and infringing on voters’ rights, Smith’s office suggested that charges against certain co-conspirators involved in Trump’s plan might have been warranted. However, no final decisions were made regarding those individuals.

Despite the depth of the investigations, both the election interference and document retention cases were dropped after Trump won the 2024 election. 

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