Unlock the White House Watch newsletter for free
Your guide to what the 2024 US election means for Washington and the world
Donald Trump could have been convicted at trial of trying to overturn the 2020 presidential election had it not been for his victory in last year’s polls, according to the special prosecutor handling the federal cases against the president-elect.
In 2022, US Attorney Merrick Garland appointed Jack Smith, a federal prosecutor, as special counsel to oversee the cases against Trump. He received two indictments against the former president, one of which accused Trump of meddling in the results of the 2020 election.
But Smith ultimately decided to dismiss both cases after Trump’s 2024 election victory based on a longstanding Justice Department policy barring the prosecution of sitting presidents.
This position “is categorical and does not address the gravity of the crimes charged, the strength of the Government’s case or the merits of the prosecution, which the Office fully supports,” Smith wrote in a report released early Tuesday.
“Indeed, but due to the election of Mr. Trump and his imminent return to the presidency, [special counsel’s] The office has determined that the admissible evidence is sufficient to obtain and sustain a conviction at trial,” Smith added.
A spokesman for Trump, who has denied wrongdoing, did not immediately respond to a request for comment.
This is a developing story
