Special Counsel Jack Smith's report reveals that Trump's re-election effectively prevented his conviction for crimes related to attempts to overturn the 2020 election. According to Smith, the admissible evidence was sufficient for a conviction if not for Trump's return to the presidency. The Justice Department emphasized the constitutional view that prevents the indictment and prosecution of a sitting president, which shaped their approach to the case.
Smith's report outlined the actions Trump took after his electoral loss, including pressuring state officials and encouraging protests, based on unfounded claims of election fraud. Although the prosecution considered the Insurrection Act, they opted against pursuing it due to a lack of clear intent from Trump regarding the events of January 6. Trump's response to the report dismissed Smith's findings as politically motivated.
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