In a move that has sent shockwaves through the political landscape, the Justice Department has unveiled the first volume of the final report by former Special Counsel Jack Smith, detailing his investigations into President-elect Donald Trump.
This revelation comes just days before Trump is due to take the oath of office.
As reported by Fox News, Attorney General Merrick Garland made the decision to release the first volume, which zeroes in on the election case against Trump. The report saw the light of day at midnight on Tuesday, following a protracted legal battle in the federal court system. The midnight release was necessitated by the expiration of the original hold on Volume One.
In a letter prefacing the report, Smith, who tendered his resignation last week, addressed Garland, dismissing as "laughable" Trump's assertions that his prosecutorial decisions were swayed by the Biden administration or other political entities. Smith emphasized his adherence to the Principles of Federal Prosecution, stating, "Trump's cases represented ones in which the offense [was] the most flagrant, the public harm the greatest, and the proof the most certain,"
The comprehensive report underscores Smith's unwavering support for the decision to level criminal charges against Trump, who, according to Smith, "resorted to a series of criminal efforts to retain power" following his defeat in the 2020 election.
Smith's conclusion reveals that discussions were underway to determine if any material in the "superseding indictment was subject to presidential immunity" when it became apparent that Trump had clinched the 2024 election. The department then concluded that the case had to be dismissed before Trump's inauguration due to its interpretation of the Constitution.
"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 report declared.
In a post on Truth Social in the early hours of Tuesday, Trump lambasted Smith as "desperate" and "deranged" for disseminating his "fake findings" under the cover of darkness.
Garland had appointed Smith, a former Justice Department official and assistant U.S. attorney, as special counsel in November 2022. Smith, who also served as chief to the DOJ's public integrity section, spearheaded the investigation into Trump's retention of classified documents after his departure from the White House and the potential obstruction of the federal government's investigation into the matter.
Smith was also entrusted with the task of overseeing the investigation into whether Trump or other officials and entities disrupted the peaceful transfer of power after the 2020 presidential election, including the certification of the Electoral College vote on Jan. 6, 2021.
Smith charged Trump in both cases, but Trump maintained his innocence.
The classified records case was dismissed in July 2024 by U.S. District Court for the Southern District of Florida Judge Aileen Cannon, who ruled that Smith was unlawfully appointed as special counsel.
Smith charged Trump in the U.S. District Court for Washington D.C. in his 2020 election case, but after Trump was elected president, Smith sought to dismiss the case. Judge Tanya Chutkan granted that request.
This month, however, Cannon temporarily halted the release of Smiths final report. A federal appeals court overturned her ruling, permitting the Justice Department to make Smiths report public.
In the classified records probe, Smith charged Trump with 37 federal counts including willful retention of national defense information, conspiracy to obstruct justice and false statements. Trump pleaded not guilty.
Trump was also charged with an additional three counts as part of a superseding indictment out of the investigation: an additional count of willful retention of national defense information and two additional obstruction counts.
In the 2020 election case, Smith charged Trump with conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; violation of an official proceeding; and conspiracy against rights. Trump pleaded not guilty.
The cases brought by Smith against Trump never made it to trial in either jurisdiction.
Despite attempts by Trump's legal team to block the reports release, Attorney General Merrick Garland remained steadfast in his commitment to make at least one volume of Smiths report public.
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