Key Takeaways From Trump Special Counsel 2020 Election Report

(Bloomberg) -- Former Special Counsel Jack Smith offered a fulsome defense of charges against President-elect Donald Trump for engaging in “an unprecedented criminal effort to overturn the legitimate results” of the 2020 election. Here are key takeaways.

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Trump, who fought release of the report, maintained his innocence after its release early Tuesday while labeling former Special Counsel Jack Smith “a lamebrain prosecutor who was unable to get his case tried before the election.”

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Defense of Charges

Smith wrote that he and his team were aware of the “litigation risks” given the “unprecedented facts” and likely legal fights. But “after an exhaustive and detailed review of the law,” he said they “concluded that the charges were well supported.” He wrote that they were confident the indictment would “survive” legal challenges — unless the law changed, which happened when the US Supreme Court adopted a new presidential immunity doctrine over the summer.

Citizen Trump

Despite the court’s immunity ruling, Smith wrote that prosecutors concluded much of the original case could go forward because they believed the evidence showed Trump was acting in his private capacity as a candidate for office. Smith wrote that Trump “unquestioningly accepted at face value and amplified election fraud claims that benefited his quest to retain power.”

Witness Testimony

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The report features excerpts of witness interviews, offering a look at what a jury might have heard at trial. A footnote quotes multiple unnamed Republican electors who signed fake electoral certificates in swing states. One elector said they didn’t know the documents would be used to try to delay certification regardless of the real outcome. That information would have mattered, the person said, “because that’s unethical.”

Pence Pressure

Trump didn’t want other people speaking with Mike Pence to avoid interference with a “secret plan” to exploit the former vice president’s role presiding over the election certification process in Congress, Smith wrote. When Pence refused to go along with that plan, Smith wrote that Trump’s pressure campaign included re-inserting language into a speech to his supporters that morning “targeting Mr. Pence.”

Smith Responds

Smith kept a low profile throughout his tenure and recently resigned from the Justice Department with no public fanfare. But in a letter to Garland included with the report, he responded to the onslaught of criticism by Trump and his allies. He rebuffed claims that he sought to interfere with Trump’s reelection bid and wrote of his team: “The intense public scrutiny of our office, threats to their safety, and relentless unfounded attacks on their character and integrity did not deter them from fulfilling their oaths and professional obligations.”

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Insurrection Act

Smith wrote that his office considered charging Trump under the Insurrection Act for inciting the Jan. 6 Capitol attack but opted not to. There was a “litigation risk” in relying on a “long-dormant statute,” he explained. He also wrote that although there was evidence that the violence at the Capitol was “foreseeable to Trump,” they didn’t find “direct evidence” — like an “explicit admission” by Trump to co-conspirators — that his goal was to cause the “full scope” of what unfolded.

Investigation Scope

Smith shared new details about the probe, including that more than 250 people sat for voluntary interviews and more than 55 witnesses testified before a grand jury. Trump’s parallel presidential campaign “presented an unprecedented challenge” and his office adopted an “exceptional working pace” to secure indictments by the summer of 2023, he wrote.

Justice Department’s Role

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The Supreme Court held that Smith could no longer press charges related to Trump’s dealings with the Justice Department. As Trump prepares to once again lead the nation’s federal law enforcement agencies, the report offered Smith a final chance to present evidence about Trump’s attempts to override Justice Department officials and install a loyalist, Jeffrey Clark, as acting attorney general — a move he backed down from amid threats of mass resignations.

Co-conspirators’ Fate

The original indictment referred to six unnamed co-conspirators but they were never charged. Smith wrote that his office had started to evaluate whether to indict those individuals, but hadn’t reached “final conclusions” by the time they wrapped up their work. While the report didn’t specifically allege that anyone besides Trump committed crimes, Smith wrote that it also didn’t “exonerate any particular person.”

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