Jack Smith Criticizes Trump's 'Intimidation and Harassment' During Investigation, Says He Would Have Been Convicted in Election Case

President-elect Donald Trump's efforts to overturn the 2020 election and his role in the Jan. 6 Capitol attack would have resulted in a conviction if not for his 2024 election victory, Special Counsel Jack Smith said in a newly released report. Smith's findings, made public early Tuesday, concluded that Trump's actions "inspired his supporters to commit acts of physical violence" and that he knowingly spread false claims about election fraud.

The 170-page report summarizes the investigation into Trump's attempts to remain in power after losing to Joe Biden in 2020. Trump attempted to block the report's release, but his last-minute efforts were denied.

Smith defended the decision to pursue charges, dismissing Trump's repeated accusations that the prosecution was politically motivated. "The claim from Mr. Trump that my decisions as a prosecutor were influenced or directed by the Biden administration or other political actors is, in a word, laughable," Smith wrote.

Trump, however, reacted angrily to the report's release, calling Smith "deranged" on his social media platform Truth Social and repeating false claims of election fraud. "Jack is a lamebrain prosecutor who was unable to get his case tried before the Election," Trump posted.

Smith said that the admissible evidence was strong enough to convict Trump but his electoral victory allowed him to avoid the consequences. "The Office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial," he wrote.

The report also criticized Trump for encouraging violence during the weeks following the 2020 election and for his continued praise of Jan. 6 rioters, whom he has referred to as "patriots." Smith highlighted Trump's praise of a group of jailed defendants known as the "January 6 Choir," as well as his public reminiscing about the Capitol attack as a "beautiful day."

Smith also detailed the challenges his team faced during the investigation, including Trump's use of social media to target witnesses, courts, and Department of Justice employees. "Mr. Trump's resort to intimidation and harassment during the investigation was not new, as demonstrated by his actions during the charged conspiracies," wrote Smith during a passage of the document.

The report emphasized that Trump knowingly spread false claims of voter fraud, despite evidence that he privately acknowledged his loss. Smith cited testimony from an aide who recalled Trump's remark after watching Biden speak: "Can you believe I lost to this f'ing guy?"

The investigation considered additional charges under the Insurrection Act but determined they would be difficult to prove given the law's complexities. Furthermore, the report shed little light on six unindicted co-conspirators, whose potential criminal liability remains under review.

Ultimately, the charges against Trump, including conspiracy to defraud the United States and obstruction of an official proceeding, were dropped due to a longstanding Department of Justice policy barring the prosecution of sitting presidents.

Smith resigned as special counsel last week, but his report underscores the magnitude of Trump's actions, calling them "an unprecedented criminal effort to overturn the legitimate results of the election."

"Mr. Trump's announcement of his candidacy for president while two federal criminal investigations were ongoing presented an unprecedented challenge for the Department of Justice and the courts," Smith wrote.