FL - Former President Donald Trump indicted, 40 counts, classified documents and obstruction of justice, June 2023, Trial May 2024 #2

  • #801
United States, the land of democracy, what’s happened to you?
 
  • #802
Mr Jack Smith, I salute you.
 
  • #803
2h ago

Congress receives Jack Smith report on Trump investigation​

The former US justice department special counsel Jack Smith has said his team “stood up for the rule of law” as it investigated Donald Trump’s efforts to overturn the results of the 2020 election – writing in a much-anticipated report released on Tuesday that he stands fully behind his decision to bring criminal charges against the president-elect.

The report, which comes just days before Trump’s return to the White House on 20 January, focuses fresh attention on his frantic but failed effort to cling to power in 2020. With the prosecution foreclosed thanks to Trump’s election victory, the document is expected to be the final justice department chronicle of a dark chapter in American history that threatened to disrupt the peaceful transfer of power, a bedrock of democracy for centuries.

The justice department transmitted the report to Congress early on Tuesday after a judge refused to block its release.

Though most of the details of Trump’s efforts to undo the election are already well established, the document includes for the first time a detailed assessment from Smith about his investigation, as well as a defence by Smith against criticism by Trump and his allies that the investigation was politicised.

“While we were not able to bring the cases we charged to trial, I believe the fact that our team stood up for the rule of law matters,” Smith wrote in a letter to the attorney general, Merrick Garland, attached to the report. “I believe the example our team set for others to fight for justice without regard for the personal costs matters.”

 
  • #804
2h ago

Trump 'would have been convicted' over 2020 election - special counsel​


David Smith
Donald Trump would have been convicted of crimes over his failed attempt to cling to power in 2020 if he had not won the presidential election in 2024, according to the special counsel who investigated him.

Jack Smith’s report detailing his team’s findings about Trump’s efforts to subvert democracy was released by the justice department early on Tuesday.

Following the insurrection on 6 January, 2021, Smith was appointed as special counsel to investigate Trump’s efforts to overturn the 2020 election. His investigation culminated in a detailed report, submitted to the attorney general, Merrick Garland.

Volume one of the report meticulously outlines Trump’s actions, including his efforts to pressure state officials, assemble alternate electors and encourage supporters to protest against the election results.

Here is the first take from our Washington DC bureau chief, David Smith.

 
  • #805
2h ago

David Smith
Jack Smith asserts that he believed the evidence was sufficient to convict Trump in a trial if his success in the 2024 election had not made it impossible for the prosecution to continue.

Smith wrote:

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.

Volume two of the report, dealing with Trump’s alleged mishandling of classified documents, is under seal due to ongoing legal proceedings against Trump’s co-defendants. A hearing is scheduled for Thursday to determine whether it will be released to Congress or kept under seal.

Trump and his legal team have characterised the report as a “political hit job” aimed at disrupting the presidential transition.

 
  • #806
1h ago
Smith, who left the justice department last week, dropped both cases against Trump after he won last year’s election, citing a longstanding department policy against prosecuting a sitting president. Neither reached a trial.

Trump pleaded not guilty to all charges.

Regularly assailing Smith as “deranged,” Trump depicted the cases as politically motivated attempts to damage his campaign and political movement.

Trump and his two former co-defendants in the classified documents case sought to block the release of the report, days before Trump is set to return to office on 20 January. Courts rebuffed their demands to prevent its publication altogether.

 
  • #807
BBM

1h ago
Jack Smith also laid out the challenges he faced during the investigation, including Trump’s assertion of executive privilege to try to block witnesses from providing evidence, which forced prosecutors into sealed court battles before the case was charged, AP reports.

Another “significant challenge” was Trump’s “ability and willingness to use his influence and following on social media to target witnesses, courts, prosecutors,” which led prosecutors to seek a gag order to protect potential witnesses from harassment, Smith wrote.

He added:

Mr Trump’s resort to intimidation and harassment during the investigation was not new, as demonstrated by his actions during the charged conspiracies.

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.
Smith also for the first time explained the thought process behind his team’s prosecution decisions, writing that his office decided not to charge Trump with incitement in part because of free speech concerns, or with insurrection because he was the sitting president at the time and there was doubt about proceeding to trial with the offence — of which there was no record of having been prosecuted before.

 
  • #808
1h ago
This latest development comes less than a week after Trump, who will be inaugurated as the 47th president on Monday, learned he will avoid jail time for his felony conviction in the New York hush-money case.

The judge who presided over Trump’s criminal trial, Juan Merchan, issued a sentence of “unconditional discharge”, meaning the president-elect will be released without fine, imprisonment or probation supervision for his conviction on 34 felony counts of falsifying business records. While the sentence makes Trump a convicted felon, he will face no penalty other than this legal designation.

Trump, whose presidential inauguration is scheduled for 20 January, is the first US president – former or sitting – to face a criminal trial, let alone a guilty verdict and subsequent sentencing.

Addressing the court via video shortly before receiving his sentence, Trump called the case “a very terrible experience”, an “injustice” and a “political witch-hunt”.

You can read more on that here:
Trump avoids punishment for hush-money conviction and calls case ‘terrible experience’

 
  • #809
I've only read a couple of pages of the report so far but it is very interesting.
 
  • #810

Five takeaways from Smith's report on Trump's 2020 election case​


1. Trump encouraged violence, says Smith​

2. But he was not charged with incitement​

3. Rioters said they were there because of Trump's direction​

4. He pressed Mike Pence in vain for weeks​

5. Trauma of police officers recounted​


 
  • #811
16m ago
As we reported in an earlier post, special counsel Jack Smith wrote in a partially released report that Donald Trump would have been convicted of illegally trying to overturn the result of the 2020 presidential election if he had not been successfully re-elected four years later.

Trump had been indicted in August 2023 on charges of working to overturn the election, but the case was delayed by appeals and ultimately significantly narrowed by a conservative-majority Supreme Court that held for the first time that former presidents enjoy sweeping immunity from criminal prosecution for official acts.

Though Smith sought to salvage the indictment, the team dismissed it entirely in November because of longstanding justice department policy that says sitting presidents cannot face federal prosecution.

 
  • #812
I hope everyone here, regardless of political persuasion, will take the time to read the report.
 
  • #813
  • #814
Several headlines have stated that Jack Smith said that Trump “would have been convicted” had the case gone to trial. I noticed in some reader comments on news sites, that Smith was criticized for making such a prediction. I think it’s important to clarify that he did not predict conviction (no one could or should), but said, “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.” BBM

Any prosecutor taking a case to trial has to believe the “evidence is sufficient to obtain and sustain a conviction” or they wouldn’t go to trial. It’s a small point, but it annoyed me that Trump’s supporters were using the headline rather than Smith’s exact words to criticize him for something he didn’t say. And shame on the headline writers!

JMO
 
  • #815
I hope everyone here, regardless of political persuasion, will take the time to read the report.
Indeed. I hope Websleuthers, who are normally committed to looking at evidence, will read this carefully researched and prepared report thoroughly. This evidence was considered sufficient to take the case to trial had Trump not been re-elected. We all should want to know what the evidence is.

JMO
 
  • #816
  • #817
  • #818

Jack Smith’s final letter on Trump case offers little consolation and less justice​


A forlorn note from Jack Smith to Merrick Garland, the attorney general, provides a poignant epitaph into the unfulfilled and ultimately fruitless two-year criminal investigation into Donald Trump.

“While we were not able to bring the cases we charged to trial, I believe the fact that our team stood up for the rule of law matters,” the special prosecutor wrote in a letter attached to the 137-page report, which concludes that the president-elect would have been criminally convicted for his efforts to overturn the 2020 election if he had not been re-elected four years later.


“I believe the example our team set for others to fight for justice without regard for the personal costs matters.”

 
  • #819
Where can I read the entire report that was released ?
 
  • #820

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