The Justice Department has released the first volume of former Special Counsel Jack Smith’s final report on his investigations into President Trump. Attorney General Merrick Garland made Volume One, which focuses on the election-related case against Trump, public at midnight on Tuesday, coinciding with the expiration of a court-ordered hold.
In an opening letter to Garland, Smith, who resigned last week, dismissed claims that his decisions as a prosecutor were influenced by the Biden administration or other political actors. He called such assertions “laughable” and emphasized that his actions were guided by the Principles of Federal Prosecution.
Smith defended his decision to bring charges against Trump, stating that the cases involved offenses “in which the public harm [was] the greatest, and the proof the most certain.” The report alleges that Trump engaged in “a series of criminal efforts to retain power” after losing the 2020 election.
The Justice Department concluded that the case against Trump could not proceed once he won the 2024 election. Smith’s report explained the department’s position: “The Constitution prohibits the continued indictment and prosecution of a President… regardless of the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution.”
Trump responded to the report early Tuesday morning on Truth Social, calling Smith “desperate” and “deranged” for releasing what he described as “fake findings” during the night.
Smith, appointed as special counsel in November 2022 by Garland, saw neither of the cases he brought against Trump proceed to trial.
