• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Corporate America has been draining the world's water. Matt Damon's new campaign calls on Gap, Starbucks, and Amazon to help give it back

2

Analysts expected oil to surge above $200 but China has quietly kept prices half of that—and can’t for much longer

3

When SpaceX starts trading, some 'shareholders' will discover they own nothing at all

1

Corporate America has been draining the world's water. Matt Damon's new campaign calls on Gap, Starbucks, and Amazon to help give it back

2

Analysts expected oil to surge above $200 but China has quietly kept prices half of that—and can’t for much longer

3

When SpaceX starts trading, some 'shareholders' will discover they own nothing at all
Politicsinvestigation

Special counsel Jack Smith’s much-anticipated report says Trump would have been convicted if he hadn’t been elected

By
Alanna Durkin Richer
Alanna Durkin Richer
,
Eric Tucker
Eric Tucker
,
Colleen Long
Colleen Long
, and
The Associated Press
The Associated Press
Down Arrow Button Icon
By
Alanna Durkin Richer
Alanna Durkin Richer
,
Eric Tucker
Eric Tucker
,
Colleen Long
Colleen Long
, and
The Associated Press
The Associated Press
Down Arrow Button Icon
January 14, 2025, 5:32 AM ET
Special counsel Jack Smith speaks about an indictment of former President Donald Trump, on Aug. 1, 2023, at a Department of Justice office in Washington.
Special counsel Jack Smith speaks about an indictment of former President Donald Trump, on Aug. 1, 2023, at a Department of Justice office in Washington. Jacquelyn Martin—AP

Special counsel Jack Smith said his team “stood up for the rule of law” as it investigated President-elect Donald Trump’s efforts to overturn the results of the 2020 election, writing in a much-anticipated report released Tuesday that he stands fully behind his decision to bring criminal charges he believes would have resulted in a conviction had voters not returned Trump to the White House.

Recommended Video

“The throughline of all of Mr. Trump’s criminal efforts was deceit — knowingly false claims of election fraud — and the evidence shows that Mr. Trump used these lies as a weapon to defeat a federal government function foundational to the United States’ democratic process,” the report states.

The report, arriving just days before Trump is to return to office on Jan. 20, focuses fresh attention on his frantic but failed effort to cling to power in 2020. With the prosecution foreclosed thanks to Trump’s election victory, the document is expected to be the final Justice Department chronicle of a dark chapter in American history that threatened to disrupt the peaceful transfer of power, a bedrock of democracy for centuries, and complements already released indictments and reports.

Trump responded early Tuesday with a post on his Truth Social platform, claiming he was “totally innocent” and calling Smith “a lamebrain prosecutor who was unable to get his case tried before the Election.” He added, “THE VOTERS HAVE SPOKEN!!!”

Trump had been indicted in August 2023 on charges of working to overturn the election, but the case was delayed by appeals and ultimately significantly narrowed by a conservative-majority Supreme Court that held for the first time that former presidents enjoy sweeping immunity from criminal prosecution for official acts.

Though Smith sought to salvage the indictment, the team dismissed it entirely in November because of longstanding Justice Department policy that says sitting presidents cannot face federal prosecution.

“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 states. “Indeed, but for Mr. 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.”

The Justice Department transmitted the report to Congress early Tuesday after a judge refused a defense effort to block its release. A separate volume of the report focused on Trump’s hoarding of classified documents at Mar-a-Lago, actions that formed the basis of a separate indictment against Trump, will remain under wraps for now.

Though most of the details of Trump’s efforts to undo the election are already well established, the document includes for the first time a detailed assessment from Smith about his investigation, as well as a defense by Smith against criticism by Trump and his allies that the inquiry was politicized or that he worked in collaboration with the White House — an assessment he called “laughable.”

“While we were not able to bring the cases we charged to trial, I believe the fact that our team stood up for the rule of law matters,” Smith wrote in a letter to Attorney General Merrick Garland attached to the report. “I believe the example our team set for others to fight for justice without regard for the personal costs matters.”

The special counsel also laid out the challenges it faced in its investigation, including Trump’s assertion of executive privilege to try to block witnesses from providing evidence, which forced prosecutors into sealed court battles before the case was charged.

Another “significant challenge” was Trump’s “ability and willingness to use his influence and following on social media to target witnesses, courts, prosecutors,” which led prosecutors to seek a gag order to protect potential witnesses from harassment, Smith wrote.

“Mr. Trump’s resort to intimidation and harassment during the investigation was not new, as demonstrated by his actions during the charged conspiracies,” Smith wrote.

“A fundamental component of Mr. Trump’s conduct underlying the charges in the Election Case was his pattern of using social media — at the time, Twitter — to publicly attack and seek to influence state and federal officials, judges, and election workers who refused to support false claims that the election had been stolen or who otherwise resisted complicity in Mr. Trump’s scheme,” he added.

Smith also for the first time explained the thought process behind his team’s prosecution decisions, writing that his office decided not to charge Trump with incitement in part because of free speech concerns, or with insurrection because he was the sitting president at the time and there was doubt about proceeding to trial with the offense — of which there was no record of having been prosecuted before.

Subscribe to Fortune Gulf Brief. Every Tuesday, this new newsletter delivers clear-eyed, authoritative intelligence on the deals, decisions, policies, and power shifts shaping one of the world’s most consequential regions, written for the people who need to act on it. Sign up here.
About the Authors
By Alanna Durkin Richer
See full bioRight Arrow Button Icon
By Eric Tucker
See full bioRight Arrow Button Icon
By Colleen Long
See full bioRight Arrow Button Icon
By The Associated Press
See full bioRight Arrow Button Icon

Latest in Politics

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Politics

dan
PoliticsElections
Dan Sullivan could be kicked out of Alaska Senate primary — but not that Dan Sullivan
By Becky Bohrer and The Associated PressJune 12, 2026
31 minutes ago
Elon Musk
InvestingMarkets
When SpaceX starts trading, some ‘shareholders’ will discover they own nothing at all
By Jim EdwardsJune 12, 2026
6 hours ago
fda
HealthTobacco
Why is the FDA approving kid-friendly, fruit-flavored e-cigarettes?
By Matthew Perrone and The Associated PressJune 12, 2026
10 hours ago
lula
EnvironmentTariffs
Trump turned environmentalist to slap new tariffs on Brazil, so why are deforestation rates down?
By Gabriela Sa Pessoa and The Associated PressJune 12, 2026
10 hours ago
defense
PoliticsDefense
Trump says Europe freeloads on defense. Britain’s own (former) Defense Secretary just agreed
By Jill Lawless, Danica Kirka and The Associated PressJune 11, 2026
15 hours ago
carney
North AmericaSocial Media
Canada joins global movement to ban social media for kids: ‘We are failing our children. Enough is enough’
By Rob Gillies and The Associated PressJune 11, 2026
1 day ago

Most Popular

Corporate America has been draining the world's water. Matt Damon's new campaign calls on Gap, Starbucks, and Amazon to help give it back
Environment
Corporate America has been draining the world's water. Matt Damon's new campaign calls on Gap, Starbucks, and Amazon to help give it back
By Catherina GioinoJune 9, 2026
3 days ago
Analysts expected oil to surge above $200 but China has quietly kept prices half of that—and can’t for much longer
Energy
Analysts expected oil to surge above $200 but China has quietly kept prices half of that—and can’t for much longer
By Sasha RogelbergJune 10, 2026
2 days ago
When SpaceX starts trading, some 'shareholders' will discover they own nothing at all
Investing
When SpaceX starts trading, some 'shareholders' will discover they own nothing at all
By Jim EdwardsJune 12, 2026
6 hours ago
Current price of oil as of June 11, 2026
Personal Finance
Current price of oil as of June 11, 2026
By Joseph HostetlerJune 11, 2026
1 day ago
Marc Lore’s robots make 500 burrito bowls an hour. A human can make 45
Innovation
Marc Lore’s robots make 500 burrito bowls an hour. A human can make 45
By Amanda GerutJune 9, 2026
3 days ago
Costco CEO Ron Vachris rose from forklift driver to the C-suite without a college degree: ‘Don’t chase a title’ is the career advice that got him there
Success
Costco CEO Ron Vachris rose from forklift driver to the C-suite without a college degree: ‘Don’t chase a title’ is the career advice that got him there
By Preston ForeJune 8, 2026
4 days ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.