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DOJ releases Special Counsel Jack Smith's report on Trump's election meddling case

The Justice Department made public Volume One of Special Counsel Jack Smith's final report on his now-closed investigation into President-elect Donald Trump, days before he was sworn into office.

Attorney General Merrick Garland released the first volume, which focuses on the election case against Trump, Smith's report Tuesday at midnight after going back and forth through the federal court system.

An opening letter from Smith to Garland said it was “ridiculous” that Trump believed the Biden administration, or other political players, influenced or directed his decisions as a prosecutor, saying he was guided by the Federal Rules of Prosecution.

“Trump's charges represent that 'there case.' [was] the most obvious, the most damaging to the public, and the most convincing evidence,'” Smith said, referring to the policies.

FEDERAL JUDGE BLOCKS SPECIAL COUNSEL JACK SMITH FROM ISSUEING FINAL REPORT.

Separate photo featuring US Attorney General Merrick Garland, President Donald Trump and Special Counsel Jack Smith (Ting Shen/Bloomberg via Getty Images | Photo by Rebecca Noble/Getty Images | Photo by Alex Wong/Getty Images)

In a lengthy statement, Smith said his office stands fully behind the decision to indict Trump because he “engaged in a series of criminal efforts to retain power” after losing the 2020 election.

Smith said in his conclusion that the parties decide whether there is any content in the “extreme impeachment that falls under the immunity of the president” when it is clear that Trump won the 2024 election. The ministry then decided that the case must be dismissed before he took office because of how he interprets the Constitution.

“The Department's view that the Constitution prohibits the continued impeachment and prosecution of the President is unique and does not address the gravity of the charges against him, the strength of the government's evidence, or the benefits of prosecution, which the Office fully supports. ,” said the report.

In a Tuesday morning tweet on Truth Social, Trump called Smith “desperate” and “confused” for releasing his “false findings” in the middle of the night.

COURT OF APPEALS WILL NOT BLOCK ISSUE OF PART OF SPECIAL COUNSEL JACK SMITH'S REPORT ON TRUMP

Garland appointed former Justice Department official Jack Smith as special counsel in November 2022.

Smith, a former assistant US attorney and DOJ chief of public integrity, led the investigation into Trump's retention of classified documents after leaving the White House and whether the former president interfered with the federal government's investigation into the matter.

DOJ Garland

Attorney General Merrick Garland speaks during a news conference at the Department of Justice, Tuesday, Sept. 24, 2024, in Washington. (AP Photo/Mark Schifelbein)

Smith has also been tasked with overseeing an investigation into whether Trump or other officials and organizations interfered with the peaceful transition of power following the 2020 presidential election, including the approval of the Electoral College vote on Jan. 6, 2021.

Smith sued Trump on both counts, but Trump pleaded not guilty.

FLASHBACK: ATTORNEY GENERAL GARLAND NOTES SPECIAL COUNCIL TO INVESTIGATE TRUMP ON MAR-A-LAGO DOCUMENTS, JAN. 6

The classified records case was dismissed in July 2024 by US District Court for the Southern District of Florida Judge Aileen Cannon, who ruled that Smith was illegally appointed as special counsel.

Special Prosecutor Jack Smith speaks to reporters. Smith was appointed by Attorney General Merrick Garland in 2022 to investigate former President Donald Trump.

Special prosecutor Jack Smith recently asked to drop the charges he brought against Trump in the case of his interference in the approval of the 2020 election. (Bill O'Leary/The Washington Post via Getty Images)

Smith sued Trump in the US District Court in Washington DC in his 2020 election case, but after Trump was elected president, Smith sought to dismiss the case. Judge Tanya Chutkan accepted that request.

FLASHBACK: TRUMP SAYS 'WON'T PARTICIPATE' WITH SPECIAL COUNSEL INVESTIGATOR, DESCRIBES 'THE WORST POLITICISM OF JUSTICE'

However, this month, Cannon temporarily blocked the release of Smith's final report. An appeals court overturned his decision, allowing the Justice Department to make Smith's report public.

Donald Trump's Mar-a-Lago

Former president Donald Trump's Mar-a-Lago resort in Palm Beach, Florida. (Charles Trainor Jr./Miami Herald/Tribune News Service via Getty Images)

In the classified records investigation, Smith indicted Trump on 37 counts including knowingly withholding national security information, conspiracy to obstruct justice and making false statements. Trump has not denied the charge.

Files, documents

This photo contained in a court filing filed by the Department of Justice on August 30, 2022, and partially updated by the source, shows a photo of documents seized during the search of Aug. 8 FBI at former President Donald Trump's Mar-a-Lago estate. (Department of Justice via AP)

FLASHBACK: FBI SAYS 'PROBABLE CAUSE' TO BELIEVE ADDITIONAL FAILED DOCTORS LIVING IN MAR-A-LAGO, AFFIDAVIT SAYS

Trump was also charged with three additional charges as part of the impeachment instead of the investigation: one additional count of willfully withholding national security information and two additional counts of obstruction.

In the 2020 election case, Smith accused Trump of conspiring to defraud America; conspiracy to obstruct judgment; violation of due process; and conspiracy against rights. Trump has not denied the charge.

The charges brought by Smith against Trump have never been tried in any jurisdiction.

Trump anyway

Former U.S. President Donald Trump walks to address the media at the end of the day during his arraignment on charges of concealing money payments in Manhattan Criminal Court on May 7, 2024 in New York City. (Getty Images)

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Despite efforts by Trump's lawyers to block the release of the report, Attorney General Merrick Garland has maintained that he will make at least one volume of Smith's report public.

This is a developing story. Please check back for updates.


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