Tue. Jan 14th, 2025
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Special counsel Jack Smith said in his final report on the case, which was submitted to Congress on Tuesday, that Donald Trump would have been convicted of election interference if he was not elected president in November. Pool File Photo by Charly Triballeau/UPI
Special counsel Jack Smith said in his final report on the case, which was submitted to Congress on Tuesday, that Donald Trump would have been convicted of election interference if he was not elected president in November. Pool File Photo by Charly Triballeau/UPI | License Photo

Jan. 14 (UPI) — Donald Trump would have been convicted for attempting to overturn the 2020 election if not for him winning re-election, Jack Smith, special counsel who indicted the former and future president, said in his final report on the case, which was submitted to Congress early Tuesday.

Trump was charged by Smith with four felony counts in August 2023 for his efforts to maintain power following his 2020 election loss to Joe Biden. However, amid litigation, the special counsel was forced to move to dismiss the case after Trump defeated Vice President Kamala Harris in November.

In doing so, Smith cited the long-held Justice Department policy that, based on Constitution, forbids the prosecution of a sitting president.

Following litigation over releasing the final report on the case, the 150-page document, obtained by The New York Times, was submitted to Congress early Tuesday, meticulous detailing the case they had built against Trump.

“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,” Smith wrote in the lengthy document.

“Indeed, but for 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.”

This is a developing story.

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