A recent report from special counsel Jack Smith sheds light on the steps taken by former President Donald Trump to maintain power at the end of his first term. The report, released just days before Trump is set to take office again, refutes Trump's claim of 'complete exoneration' in relation to his actions following the 2020 election.
Smith's report emphasizes that the decision to dismiss the case against Trump was based on Justice Department policy regarding the prosecution of a sitting president, rather than a declaration of innocence. Smith asserts that Trump would likely have been convicted had the case gone to trial.
The report also defends Smith's team against allegations of political bias, stating that their actions were not influenced by the Biden administration or political appointees at the Justice Department. Smith commends his team for their dedication to upholding the rule of law despite facing personal attacks and threats.
Furthermore, the report raises questions about presidential immunity from criminal charges following a Supreme Court ruling last year. Smith criticizes the ruling for prioritizing presidential independence over the risk of encouraging lawless behavior.
Regarding potential insurrection charges, the report explains the team's decision not to pursue charges under the Insurrection Act, citing legal risks and lack of direct evidence of Trump's intent to incite violence. While prosecutors believed Trump's actions contributed to the violence on January 6, they did not find evidence of direct engagement in insurrection.
The report also highlights Trump's role in directing the mob that stormed the Capitol, quoting rioters who claimed they were following Trump's instructions. Despite not charging Trump with inciting the riot or leading an insurrection, the report holds him accountable for the violence that ensued.
