Jack Smith, the special counsel who indicted President-elect Donald Trump on charges of seeking to cling to power after losing the 2020 election, said in a final report released early Tuesday that he believed the evidence was sufficient to convict Trump in a trial if his success in the 2024 election had not made it impossible for the prosecution to continue.
¡°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,¡± Smith wrote.
He continued: ¡°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.¡±
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