US President-elect Donald Trump appears on a screen remotely for a sentencing hearing in the criminal case in which he was convicted in 2024 on charges involving hush money paid to a porn star, at New York Criminal Court in Manhattan in New York City, USA, 10 January 2025. EFE-EPA/Curtis Means / POOL

Special counsel report: Trump escaped prosecution despite election subversion evidence

Washington, Jan 14 (EFE).- A report by special prosecutor Jack Smith has revealed that sufficient evidence existed to convict Donald Trump for his efforts to overturn the 2020 US election results, but the case was dropped after the Republican’s 2024 presidential electoral victory.

Part of the report by Smith, who led the investigation into Trump’s alleged attempts to overturn the election results, was sent to Congress early Tuesday by the Department of Justice after Judge Aileen Cannon approved its release.

Trump, who will assume the presidency on January 20, had tried to block the report’s publication through legal action.

Smith’s report, already circulated in major US media outlets, states that his investigative team adhered to legal mandates throughout the probe.

A large billboard showing US president-elect Donald Trump calling to end the war, displayed at the entrance to Jerusalem, 13 January 2025. EFE-EPA/ABIR SULTAN EPA

He concluded that Trump, who previously served as president from 2017 to 2021, “resorted to a series of criminal efforts to retain power” after losing the November 2020 election to current President Joe Biden.

“The department’s 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,” Smith said.

“Indeed, but for Trump’s election and imminent return to the presidency, the office assessed that the issible evidence was sufficient to obtain and sustain a conviction at trial.”

The report outlines various actions allegedly taken by Trump to subvert the 2020 election outcome. These include pressuring state officials, orchestrating a slate of fraudulent electors, exerting pressure on then-Vice President Mike Pence, and inciting groups that attacked the US Capitol on Jan. 6, 2021, to disrupt the certification of Biden’s victory.

ers of US President-elect Donald J. Trump outside of New York Criminal Court during Trump’s sentencing hearing in New York, New York, USA, 10 January 2025. EFE-EPA/JUSTIN LANE

According to Smith, who resigned earlier this month, the prosecution could have secured a conviction had Trump’s 2024 electoral win not halted the case.

Trump has repeatedly dismissed the investigation as a politically motivated “witch hunt.”

The portion of the report addressing the classified documents case—which involved sensitive government records found at Trump’s Palm Beach, Florida, residence—remains confidential.

In August 2023, Smith charged Trump in the Federal District Court of Washington with three conspiracy-related counts tied to efforts to overturn the 2020 election results.

However, after a Supreme Court ruling on presidential immunity in 2024, Smith amended the charges and ultimately withdrew them following Trump’s electoral victory.

Smith also filed charges against Trump in Florida for illegally retaining classified documents after leaving office and for conspiring with two aides, Waltine Nauta and Carlos DeOliveira, to obstruct government efforts to retrieve those documents.

Despite avoiding prosecution in these cases, Trump remains the first US president in history to be criminally convicted.

He was found guilty and sentenced for making illegal payments in 2016 to adult film actress Stormy Daniels to silence allegations of an extramarital affair. EFE

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