In an unexpected midnight release, the Department of Justice unveiled Volume One of former Special Counsel Jack Smith’s final report, detailing the now-closed investigations into President-elect Donald Trump.
The timing of the release, just days before Trump’s return to the White House, left many questioning the strategy behind it.
Attorney General Merrick Garland issued the report at the stroke of midnight, citing a court-mandated expiration of a hold placed on Volume One.
The document, which focuses on alleged election interference by Trump after the 2020 election, arrives in the wake of Smith’s resignation as special counsel.
In his opening letter to Garland, Smith dismissed Trump’s claims of political interference, calling them “laughable.” He emphasized that his decisions as a prosecutor were guided by the Principles of Federal Prosecution.
Smith claimed the cases against Trump represented those where “the offense [was] the most flagrant, the public harm the greatest, and the proof the most certain.”
Smith accused Trump of engaging in “a series of criminal efforts to retain power” after losing the 2020 election.
Despite these assertions, the report underscored a crucial turning point: the DOJ concluded it must dismiss the case after Trump’s 2024 electoral victory. The department cited its interpretation of the Constitution, which it claims prohibits the indictment or prosecution of a sitting president.
“The Department’s view that the Constitution prohibits the continued indictment and prosecution of a President is categorical,” the report stated, adding that this position did not depend on the gravity of the crimes or the strength of the government’s evidence.
Trump took to Truth Social early Tuesday morning to denounce Smith’s report as “fake findings” and labeled Smith “desperate” and “deranged” for releasing the document in the dead of night.
Jack Smith’s tenure as special counsel, appointed by Garland in November 2022, was marked by controversy.
Smith spearheaded investigations into Trump’s handling of classified documents after leaving the White House and his alleged efforts to interfere with the peaceful transfer of power following the 2020 election.
In both cases, Smith filed charges against Trump, which Trump adamantly denied, pleading not guilty.
However, judicial rulings ultimately dismantled Smith’s efforts. In July 2024, U.S. District Judge Aileen Cannon dismissed the classified records case, ruling Smith’s appointment as special counsel was unlawful.
Similarly, in the election interference case, Smith requested to dismiss charges following Trump’s 2024 presidential victory. Judge Tanya Chutkan approved the motion, citing the DOJ’s stance on presidential immunity.
The report revealed additional details about Smith’s investigations.
In the classified documents case, Trump was charged with 37 federal counts, including willful retention of national defense information and conspiracy to obstruct justice. He faced further charges in a superseding indictment, but these cases were never tried.
On the election interference front, Trump was charged with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, and conspiracy against rights. Once again, these charges were dismissed before reaching trial.
Efforts by Trump’s legal team to block the release of Smith’s final report failed after a federal appeals court overturned an earlier ruling by Judge Cannon. This reversal paved the way for Garland to release Volume One to the public.
The midnight drop of the report underscores a critical moment in Trump’s journey back to the Oval Office. Despite facing unprecedented legal challenges, Trump’s election to the presidency effectively shielded him from prosecution, illustrating the Constitution’s unique protections for sitting presidents.
For Trump supporters, the release of this report serves as a testament to the resilience of their candidate and the American people’s role in shaping history.