Donald Trump would have been convicted, says Department of Justice report

By Miracle Ogunde

Former Special Counsel Jack Smith of the United States Department of Justice has disclosed reasons why President-Elect Donald Trump would have faced conviction had circumstances been different.

In a report released on Tuesday, Smith explained that Trump would have been found guilty for his alleged efforts to overturn the 2020 presidential election results, provided he had not secured victory in the November 2023 election.

According to Daily Post, the report alleged that Trump attempted to influence state-level Republican lawmakers and leaders to “alter the results” of the 2020 election.

Before his reelection, Trump had faced accusations of conspiracy to defraud the United States and attempting to obstruct an official proceeding—specifically, the Congressional session to certify President Joe Biden’s election victory.

The report stated that the Department of Justice maintained a firm stance on the constitutional protection of sitting presidents from indictment and prosecution. It asserted, “The 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.”

It added, “Indeed, but for Mr. Trump’s election and imminent return to the Presidency, the [Special Counsel’s] Office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial.”

The document further detailed allegations that Trump had pressured state legislators and officials with false claims of election fraud, urging them to disregard vote counts and alter election outcomes. It highlighted that such attempts were directed only at state legislators and executives who shared his political affiliation and were his supporters, and only in states where he lost the vote.

The report also accused Trump and his co-conspirators of planning to organise individuals who would act as his electors in seven states he lost—Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin. These individuals, it claimed, were intended to sign and send false certifications to Washington, purporting to be legitimate electors.

Smith, who was tasked with investigating Trump, ultimately dropped the federal criminal case against the incoming president following his November election victory.