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Key Takeaways
The Department of Justice (DOJ) released the first volume of former Special Counsel Jack Smith’s report early Tuesday morning.
The report focuses on the election case against former President Donald Trump.
Trump criticized the timing of the release and dismissed the findings as politically motivated.
What Happened?
Attorney General Merrick Garland authorized the release of Volume One of Jack Smith’s report after a court-imposed hold expired at midnight. This report centers on Smith’s investigation into Trump’s alleged efforts to retain power after losing the 2020 presidential election.
Former President Trump responded with strong criticism of Truth Social, accusing Smith of releasing the findings at an unusual hour to generate negative publicity. He also claimed the report was based on information from the House Jan. 6 select committee, which he has repeatedly dismissed as biased.
Trump’s Reaction
In a series of posts, Trump described Smith’s actions as desperate and claimed the findings were fabricated. He also reiterated his belief that Smith’s investigations were influenced by President Biden, describing the prosecutor as “acting on orders.”
Trump wrote: "Jack is a lamebrain prosecutor... unable to get his case tried before the Election, which I won in a landslide."
He also accused the Jan. 6 committee of “illegally destroying evidence.”
The Report’s Conclusions
Jack Smith defended the decisions made during his tenure, citing the Department of Justice’s Principles of Federal Prosecution as his guide. He stated the charges against Trump were brought because they represented offenses where public harm was significant, and the evidence was compelling.
In the report, Smith asserted:
Trump engaged in “criminal efforts to retain power” after losing the 2020 election.
The DOJ’s interpretation of the Constitution required dismissing cases against Trump after he won the 2024 election.
The report also emphasized the DOJ’s view that a sitting president cannot be prosecuted, regardless of the gravity of the alleged crimes.
Background on Jack Smith
Jack Smith, appointed as special counsel in November 2022, oversaw two major investigations into Trump:
The retention of classified documents after Trump left office.
Alleged interference with the peaceful transfer of power following the 2020 election, including the events of Jan. 6, 2021.
Both cases faced legal and procedural challenges:
The classified documents case was dismissed in 2024 by a Florida judge who ruled Smith’s appointment as special counsel was invalid.
The election interference case was dismissed after Trump won the 2024 presidential election.
What’s Next?
The release of this report marks the culmination of Jack Smith’s controversial tenure as special counsel. While Trump continues to deny wrongdoing, the DOJ has stood firm in its decision-making process, citing constitutional and legal guidelines. This development underscores ongoing tensions between Trump and the Justice Department as he prepares to assume office in 2025.
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