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Donald Trump has not been exonerated for his “unprecedented criminal effort” to subvert the 2020 election and cling to power after he lost to Joe Biden.
That’s the message special counsel Jack Smith delivered in his final report, which laid out evidence Smith said would have resulted in Trump’s conviction at trial. Trump is only off the hook, the special counsel wrote, because he won back the White House in 2024, forcing the Justice Department to shut down the historic prosecution.
“The Department’s view that the Constitution prohibits the continued indictment and prosecution of a President is categorical and does not tum 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 a 137-page volume of the report that the Justice Department sent to Congress and publicly released on Tuesday morning, shortly after midnight.
“The admissible evidence was sufficient to obtain and sustain a conviction,” added Smith, who resigned from his position last week.
The Justice Department is withholding for now, under court order, the second part of Smith’s two-volume report. That portion details his investigation into the presence of a slew of classified documents at Trump’s Mar-a-Lago home and allegations that he obstructed the investigation into how they got there.
