The timing of the Justice Department’s release of Jack Smith’s report had President-elect Donald Trump sounding off on the “desperate” move.
As the penultimate week of President Joe Biden’s administration was underway, a final push to see the release of the entirety of the now-former special counsel’s arguments in the dismissed cases against Trump was taking place. This included Attorney General Merrick Garland authorizing publication of the first volume after midnight when a court hold expired, prompting the GOP to slam the “Fake findings.”
Taking to Truth Social shortly after the release, Trump wrote with reference to the sham Jan. 6 committee, “Deranged Jack Smith was unable to successfully prosecute the Political Opponent of his ‘boss,’ Crooked Joe Biden, so he ends up writing yet another ‘Report’ based on information that the Unselect Committee of Political Hacks and Thugs ILLEGALLY DESTROYED AND DELETED, because it showed how totally innocent I was, and how completely guilty Nancy Pelosi, and others, were.”
“Jack is a lamebrain prosecutor who was unable to get his case tried before the Election, which I won in a landslide. THE VOTERS HAVE SPOKEN!!!” he continued, adding in a follow-up post, “To show you how desperate Deranged Jack Smith is, he released his Fake findings at 1:00 A.M. in the morning. Did he say that the Unselect Committee illegally destroyed and deleted all of the evidence.”


Preceding the report that focused on the investigation regarding claims that Trump, who had pled not guilty, conspired to defraud the United States, obstructed an official proceeding, violated an official proceeding, and conspired against rights, Smith penned a letter.
“Trump’s cases represented ones ‘in which the offense [was] the most flagrant, the public harm the greatest, and the proof the most certain,” argued the prosecutor.
The report itself argued in part that the pesky U.S. Constitution stood in the way of what many considered the objective which was to “get Trump” and stated, “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, the strength of the Government’s proof, or the merits of the prosecution, which the Office stands fully behind.”
“Indeed, but for Mr. Trump’s election and imminent return to the Presidency, the Office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial,” it added, supporting the GOP leader’s own claims on the stakes of the 2024 election.
Elsewhere in the lengthy document, it was argued, “The throughline of all of Mr. Trump’s criminal efforts was deceit–knowingly false claims of election fraud–and the evidence shows that Mr. Trump used these lies as a weapon to defeat a federal government function foundational to the United States’ democratic process.”
The report further claimed, “A fundamental component of Mr. Trump’s conduct underlying the charges in the Election Case was his pattern of using social media–at the time, Twitter–to publicly attack and seek to influence state and federal officials, judges, and election workers who refused to support false claims that the election had been stolen or who otherwise resisted complicity in Mr. Trump’s scheme.”
“After Mr. Trump publicly assailed these individuals, threats, and harassment from his followers inevitably followed,” it added.
Included at the end of the report was the letter from Trump’s attorneys Todd Blanche, Emil Bove, John Lauro, and Gregory Singer that argued against the release, contending in part, “It is clear, as has been the case with so many of the other actions of Smith and his staff, that the Draft Report merely continues Smith’s politically-motivated attack, and that his continued preparation of the Report and efforts to release it would be both imprudent and unlawful.”
A hearing is expected to take place Friday to decide on a “limited disclosure” release of the second volume focusing on the classified documents case, on which Judge Aileen Cannon stated, “All parties also appear to agree that public release of Volume II would be inconsistent with the fair trial rights of Defendants [Walt] Nauta and [Carlos] de Oliveira and with Department of Justice Policy governing the release of information during the pendency of criminal proceedings.”
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