DOJ Releases Special Counsel Jack Smith's Findings In Trump Jan. 6 Probe

Against the wishes of President-elect Donald Trump, the report is now public.

The Justice Department delivered part of special counsel Jack Smith’s report to Congress early Tuesday morning, explaining his charging decisions related to the probe into now-President-elect Donald Trump’s alleged efforts to subvert the 2020 election leading up to and during the attack on the U.S. Capitol on Jan. 6, 2021.

The report was originally intended to include information about Smith’s prosecution of Trump for his alleged illegal retention of classified documents at Mar-a-Lago. But because the case is still active against two of Trump’s co-defendants, Attorney General Merrick Garland agreed to keep those details under wraps for now. That case is likely to unravel entirely once Trump takes office, so it is highly unlikely that the public will ever see that information.

Smith explicitly says he believes the department had enough evidence to obtain and sustain a conviction were Trump to stand trial.

The 137-page document was first obtained by The New York Times.

“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,” the document reads. “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.”