The Justice Department made public Volume One of former Special Counsel Jack Smith’s final report on his now-closed investigations into President-elect Donald Trump, days before he is set to be sworn into office.
Attorney General Merrick Garland released the first volume, which focuses on the election case against Trump, of Smith’s report on Tuesday at midnight after back-and-forth in the federal court system. The report was released at midnight because that was when the original hold on Volume One expired.
An opening letter from Smith, who resigned last week, to Garland said that it is ‘laughable’ that Trump believes the Biden administration, or other political actors, influenced or directed his decisions as a prosecutor, stating that he was guided by the Principles of Federal Prosecution.
‘Trump’s cases represented ones ‘in which the offense [was] the most flagrant, the public harm the greatest, and the proof the most certain,’’ Smith said, referencing the principles.
In the lengthy report, Smith said his office fully stands behind the decision to bring criminal charges against Trump because he ‘resorted to a series of criminal efforts to retain power’ after he lost the 2020 election.
Smith said in his conclusion that the parties were determining whether any material in the ‘superseding indictment was subject to presidential immunity’ when it became clear that Trump had won the 2024 election. The department then determined the case must be dismissed before he takes office because of how it interprets 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 stated.
In an early Tuesday morning post on Truth Social, Trump called Smith ‘desperate’ and ‘deranged’ for releasing his ‘fake findings’ in the middle of the night.
Garland appointed former Justice Department official Jack Smith as special counsel in November 2022.
Smith, a former assistant U.S. attorney and chief to the DOJ’s public integrity section, led the investigation into Trump’s retention of classified documents after leaving the White House and whether the former president obstructed the federal government’s investigation into the matter.
Smith was also tasked with overseeing the investigation into whether Trump or other officials and entities interfered with the peaceful transfer of power following the 2020 presidential election, including the certification of the Electoral College vote on Jan. 6, 2021.
Smith charged Trump in both cases, but Trump pleaded not guilty.
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, though, Cannon temporarily blocked the release of Smith’s final report. A federal appeals court reversed her ruling, allowing the Justice Department to make Smith’s 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 efforts by Trump attorneys to prevent the report’s release, Attorney General Merrick Garland had maintained that he would make at least one volume of Smith’s report public.
This is a developing story. Please check back for updates.
