The report, which claimed the special counsel’s office stood “fully behind” the merits of the case, amounted to an unusual rebuke of the president-elect.
In a final report issued early Tuesday, special counsel Jack Smith, who indicted President-elect Donald J. Trump on charges of illegally trying to hold onto power after losing the 2020 election, stated that if Mr. Trump had not won the 2024 election, the prosecution could not have proceeded. Smith said the evidence would have been enough to convict Mr. Trump in a trial.
“The office fully supports the department’s view that the Constitution forbids the ongoing indictment and prosecution of a president, which is categorical and does not depend on the seriousness of the charges, the strength of the government’s proof, or the merits of the prosecution,” Mr. Smith wrote.
He went on: “The office determined that the admissible evidence was adequate to secure and uphold a conviction at trial, but for Mr. Trump’s election and impending return to the presidency.”
Just after midnight on Tuesday, the Justice Department transmitted the 137-page volume to Congress, which made up half of Mr. Smith’s final report. The volume also included information regarding Mr. Trump’s other criminal case, accusing him of mishandling sensitive documents that were still confidential.
