TLDR:
Trump avoids conviction due to presidency
Jack Smith drops legal cases
Special counsel reveals extensive misconduct
WASHINGTON (The Thursday Times) — The United States Department of Justice has released Special Counsel Jack Smith’s report, shedding light on Donald Trump’s efforts to overturn the 2020 presidential election results. The report asserts Trump would likely have been convicted if not for his re-election in 2024, which reinstated legal immunity for sitting presidents under Justice Department policy.
The report highlights unprecedented allegations of criminal activity by Trump, detailing actions to delegitimize Joe Biden’s victory. It accuses Trump of spreading baseless voter fraud claims, pressuring officials to alter vote certifications, and attempting to use fraudulent electors to subvert the electoral process. These efforts culminated in the January 6 Capitol riot, when a mob stormed Congress to disrupt the certification of Biden’s win.
A halted pursuit of justice
Special Counsel Jack Smith initially filed charges accusing Trump of illegally retaining sensitive national security documents and obstructing justice. Another case focused on Trump’s broader campaign to overturn the election outcome. However, Smith dropped both cases after Trump’s electoral victory in 2024, citing the Justice Department’s longstanding policy against prosecuting sitting presidents. The report emphasised that the evidence could have sustained convictions at trial but noted constitutional restrictions on pursuing active presidents.
Legal immunity as a shield
Trump’s legal arguments rested on claims of immunity for official acts taken during his presidency. These claims gained traction in a Supreme Court decision favouring broad protections for former presidents. While the special counsel’s report argued against the interpretation, it acknowledged the judiciary’s role in impeding further legal action. The report also disclosed that the Justice Department decided to withhold sections concerning classified documents to protect ongoing cases involving Trump’s associates.
Unprecedented scrutiny of misconduct
Investigations into Trump’s conduct began long before the special counsel’s appointment, with extensive congressional inquiries exposing a pattern of actions undermining democratic norms. Reports described coordinated efforts to reverse state-level results, pressuring officials to reject certified votes, and exploiting baseless legal claims to sustain allegations of fraud. These culminated in charges that failed to reach a trial due to constitutional and procedural constraints.
The report’s release comes amidst Trump’s preparations to return to the White House. Legal experts note that his re-election effectively secured immunity for actions taken before and after his first term. Critics argue the findings represent a challenge to legal accountability for presidents who exploit institutional gaps for personal gain.