A recently published report by former special counsel Jack Smith suggests that Donald Trump could have been convicted for allegedly attempting to overturn the 2020 election results if he had not been reelected four years later.
The report, revealed by U.S. media on Tuesday, highlights the U.S. Department of Justice’s stance that a sitting president cannot be indicted or prosecuted while in office, regardless of the severity of the alleged crimes or the strength of the evidence.
The US Department of Justice’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.
“Indeed, but for Mr. Trump’s election and imminent return to the Presidency, the (Special Counsel’s) Office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial,” the report stated.
Trump, set to be inaugurated on January 20, faced allegations of conspiracy to defraud the United States and conspiracy to obstruct an official proceeding.
These charges stemmed from the January 6, 2021, attack on the U.S. Capitol, during which a pro-Trump mob disrupted the certification of President Joe Biden’s election victory.
Smith, appointed to investigate Trump’s actions, dropped the federal criminal case against him following his victory in the November presidential election.
Shortly after the report’s release, Trump responded on his Truth Social platform, labeling Smith as “deranged” and accusing him of releasing “fake findings” in a desperate attempt to discredit him, adding that he (Smith) “was unable to successfully prosecute the Political Opponent of his ‘boss’.”
“To show you how desperate Deranged Jack Smith is, he released his Fake findings at 1:00 A.M. in the morning,” Trump added in another post.
Smith, who stepped down from the Justice Department last week after submitting his final report as special counsel, emphasized his belief in the strength of the evidence against Trump.
