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mahatmakanejeeves

(62,014 posts)
Tue Jan 14, 2025, 12:53 AM Yesterday

Special Counsel Report Says Trump Would Have Been Convicted in Election Case

Last edited Tue Jan 14, 2025, 01:41 AM - Edit history (2)

Source: New York Times

Special Counsel Report Says Trump Would Have Been Convicted in Election Case

"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," the report said.


In August 2023, the special counsel Jack Smith charged Donald J. Trump with three intersecting conspiracy counts accusing him of plotting to overturn his loss in the 2020 election. Doug Mills/The New York Times

By Alan Feuer and Charlie Savage
Alan Feuer and Charlie Savage write about legal issues, including the former criminal cases against President-elect Donald J. Trump.
Jan. 14, 2025, 12:37 a.m. ET

Jack Smith, the special counsel who indicted President-elect Donald J. Trump on charges of seeking to cling to power after losing the 2020 election, said in a final report released early Tuesday morning that he believed the evidence was sufficient to convict Mr. Trump in a trial if his success in the 2024 election had not made it impossible for the prosecution to continue.

"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," Mr. Smith wrote.

He continued: "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."

The Justice Department delivered the 137-page volume -- representing half of Mr. Smith's overall final report, with the volume about the classified documents case still confidential -- to Congress just after midnight Tuesday morning.

{snip}

This is a developing story. Please check back for updates.

Alan Feuer covers extremism and political violence for The Times, focusing on the criminal cases involving the Jan. 6 attack on the Capitol and against former President Donald J. Trump. More about Alan Feuer

Charlie Savage writes about national security and legal policy. More about Charlie Savage

Read more: https://www.nytimes.com/2025/01/14/us/politics/trump-special-counsel-report-election-jan-6.html



For once, it pays to be an old man and have to get up during the night.

Her's the report. Hat tip, JCF at Joe.My.God.

https://www.joemygod.com/2025/01/chatter-away-overnight-open-thread-2479/#comment-6629577485

https://static01.nyt.com/newsgraphics/documenttools/76c2c1e8fe2e5ae7/d2d77a9c-full.pdf

From Lazycrockett:

https://www.joemygod.com/2025/01/chatter-away-overnight-open-thread-2479/#comment-6629577040

https://www.documentcloud.org/documents/25486132-report-of-special-counsel-smith-volume-1-january-2025/#document/p1

Also from Lazycrockett:

https://www.joemygod.com/2025/01/chatter-away-overnight-open-thread-2479/#comment-6629577194

https://storage.courtlistener.com/recap/gov.uscourts.mad.260101/gov.uscourts.mad.260101.61.0.pdf

From DreadPikathulhu:

https://www.joemygod.com/2025/01/chatter-away-overnight-open-thread-2479/#comment-6629576909

https://www.documentcloud.org/documents/25486132-report-of-special-counsel-smith-volume-1-january-2025/#document/p4
41 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Special Counsel Report Says Trump Would Have Been Convicted in Election Case (Original Post) mahatmakanejeeves Yesterday OP
"...and Justice for all." James48 Yesterday #1
NOTHING will change without widespread protests and revolutionary violence Charging Triceratops 23 hrs ago #27
I don't believe in God. it's fairly evident there is no such entity, else there would never be monsters in position of msfiddlestix 20 hrs ago #36
If it aint happening on earth VBNMW 16 hrs ago #40
I know what I will be doing tomorrow LetMyPeopleVote Yesterday #2
Good news. Didn't think it would happen. rubbersole Yesterday #3
The enlarged prostate notwithstanding, my pleasure. NT mahatmakanejeeves Yesterday #4
Maybe . . . AverageOldGuy Yesterday #5
Or maybe a few kiss-ass, brown-nose egos will be deflated LeftInTX Yesterday #6
I'm actually hoping he doesn't keel over in the next 4 years LearnedHand Yesterday #9
Excellent point. I never thought of that. nt Frank D. Lincoln 20 hrs ago #34
As long as he doesn't die laughing ! /nt dickthegrouch Yesterday #13
that is more than i was expecting rampartd Yesterday #7
Woulda, coulda, shoulda. C Moon Yesterday #8
Nice job, America. Especially you SCROTUS 6 Hassler Yesterday #10
F'ing disgusting dickthegrouch Yesterday #11
that POS Trump could not pass a basic background check for ANY job Skittles Yesterday #12
There are only 2 Constitutional requirements for being President Deminpenn Yesterday #20
Haven't read anything we haven't heard before mchill Yesterday #14
Even Fox News can't sugarcoat this one. mahatmakanejeeves Yesterday #15
Donald is awake. mahatmakanejeeves Yesterday #16
I bet Trump's pissed as the report can't be buried now. cstanleytech Yesterday #17
Justice delayed is justice denied muriel_volestrangler Yesterday #18
"If only they had been able to force this to trial in the 4 years available" BumRushDaShow Yesterday #19
Where the orange polyp is concerned, the US is a spineless blob.Those few who are steadfast receive no,support. Magoo48 Yesterday #21
f**king stupid, dumb ass Americans who elected this deviant. Like sheep led to the slaughter. JohnSJ Yesterday #22
Yeah, yeah, yeah Marthe48 Yesterday #23
JustUs John 'Make It Out to Jane' Roberts & GmbH also guilty. Kid Berwyn Yesterday #24
Glad it came out orangecrush 23 hrs ago #25
Morning Hoes didn't even give it a Breaking News banner LSparkle 23 hrs ago #26
I disagreed with counsel's position Icanthinkformyself 22 hrs ago #28
Of course it did. That's why his lackey judge canned it. travelingthrulife 22 hrs ago #29
But he wasn't, because the GOP is drunk with power and out of control. Initech 21 hrs ago #30
I downloaded the report Marthe48 21 hrs ago #31
I didn't think this would happen. republianmushroom 21 hrs ago #32
NOT UNDERSTANDING the leap in logic from "pres cant be prosecuted for Kashkakat v.2.0 20 hrs ago #33
You are missing that the fix is in on ALL Trump crimes. Irish_Dem 16 hrs ago #39
Well, of course he does. Prosecuters don't bring indictments they think will fail. malthaussen 20 hrs ago #35
Law Dork: Breaking: Special counsel's report on the January 6 case is now public mahatmakanejeeves 20 hrs ago #37
His cult won't care. And this report won't stop him from doing untold damage to our country totodeinhere 16 hrs ago #38
Screwing with an election DENVERPOPS 14 hrs ago #41

James48

(4,629 posts)
1. "...and Justice for all."
Tue Jan 14, 2025, 01:12 AM
Yesterday

(Except for rich, white billionaires, who will continue to receive special favors and not be prosecuted
as if they were just common folks.)



No Justice in The USA.

I will have to rely on God to administer justice. It’s sure not going to happen on earth.

27. NOTHING will change without widespread protests and revolutionary violence
Tue Jan 14, 2025, 09:22 AM
23 hrs ago

But we are lulled to a helpless sleep by a compromised and complicit media that fills our heads with sports, weather and entertainment news while the nation and democracy burn.

History shows that only through catastrophe do we find a path to a better future.

msfiddlestix

(7,911 posts)
36. I don't believe in God. it's fairly evident there is no such entity, else there would never be monsters in position of
Tue Jan 14, 2025, 11:52 AM
20 hrs ago

power,, i.e. Hitler, Trump, Putin etc etc etc etc

VBNMW

(43 posts)
40. If it aint happening on earth
Tue Jan 14, 2025, 04:30 PM
16 hrs ago

What does it even matter?

And the sig line, "Vote, it's the only thing that matters"

Nah. What matters most is WHO COUNTS THE VOTES.

Democrats keep telling us to vote harder but never do anything to protect the goddamn vote.

Republicans have done everything they can to control who votes, and who counts the votes.

That's why drumpf was openly telling everyone on live TV that they will never have to worry about the votes again, and he and Mikey had a little secret.

All of that being know, we just had the keys and nuke codes over to a fucking fascist.

Absolutely incredible.

With all due respect. The words in your post caused me to share. Not attacking you.

AverageOldGuy

(2,262 posts)
5. Maybe . . .
Tue Jan 14, 2025, 01:31 AM
Yesterday

. . . the release of this report is enough to drive Trump over the edge . . . fatal heart attack . . . can we be so lucky??

LeftInTX

(31,204 posts)
6. Or maybe a few kiss-ass, brown-nose egos will be deflated
Tue Jan 14, 2025, 01:35 AM
Yesterday

A girl can dream...

I'm trying to be realistic...like maybe a few of those million dollar donors might be thinking, "Oh, maybe us people at Google aren't all that proud of this"

LearnedHand

(4,266 posts)
9. I'm actually hoping he doesn't keel over in the next 4 years
Tue Jan 14, 2025, 02:04 AM
Yesterday

If he does, what follows is a project 2025 machine completely unleavened by Trump's ego, bitterness, and venality. That is, what follows is a very efficient white supremacy/xtian nationalist machine.

C Moon

(12,628 posts)
8. Woulda, coulda, shoulda.
Tue Jan 14, 2025, 01:49 AM
Yesterday

Where have we heard that before in regards to Russia’s trump?

The best we can do is take back the house and senate, so we can have an honest 2028 election.

dickthegrouch

(3,685 posts)
11. F'ing disgusting
Tue Jan 14, 2025, 02:29 AM
Yesterday

That he was allowed to slime his way out yet again.
Should make for some interesting claims for equal protection purposes in lower courts.

Skittles

(160,724 posts)
12. that POS Trump could not pass a basic background check for ANY job
Tue Jan 14, 2025, 02:30 AM
Yesterday

WHY is he allowed to be president? WTF

Deminpenn

(16,372 posts)
20. There are only 2 Constitutional requirements for being President
Tue Jan 14, 2025, 06:03 AM
Yesterday

Candidates must be at least 35 and be natural born US citizens. A later addition is that a candidate cannot have served more than 2 terms (or 10 years in the case of a vice president ascending to the presidency upon death or removal/resignation of the elected president).

mchill

(1,109 posts)
14. Haven't read anything we haven't heard before
Tue Jan 14, 2025, 02:36 AM
Yesterday

Was hoping for more of the Willard hotel planning. Maybe “stuff” is hidden in the footnotes. It’s late and the small print on an IPhone makes it difficult.

mahatmakanejeeves

(62,014 posts)
15. Even Fox News can't sugarcoat this one.
Tue Jan 14, 2025, 02:42 AM
Yesterday

JUSTICE DEPARTMENT
DOJ releases Special Counsel Jack Smith's report on investigation into Trump election interference case
In the report, Smith said his office fully stands behind the decision to charge Trump criminally

Brooke Singman By Brooke Singman , David Spunt , Jake Gibson , Elizabeth Pritchett Fox News
Published January 14, 2025 1:53am EST

https://www.foxnews.com/politics/doj-releases-special-counsel-jack-smiths-report-investigation-trump-election-interference-case

mahatmakanejeeves

(62,014 posts)
16. Donald is awake.
Tue Jan 14, 2025, 02:45 AM
Yesterday
https://truthsocial.com/@realDonaldTrump/posts/113825342650202525

Donald J. Trump
@realDonaldTrump
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!!!

532
ReTruths

1.84k
Likes
Jan 14, 2025 at 1:41 AM

cstanleytech

(27,240 posts)
17. I bet Trump's pissed as the report can't be buried now.
Tue Jan 14, 2025, 03:17 AM
Yesterday

Mind you I doubt that President Musk cares since it's not about him especially after the posting his daughter made regarding the type of person he truly is not to mention he's worried about the Tesla trucks quality control and design nightmare.

muriel_volestrangler

(102,754 posts)
18. Justice delayed is justice denied
Tue Jan 14, 2025, 03:57 AM
Yesterday

If only they had been able to force this to trial in the 4 years available.

BumRushDaShow

(145,238 posts)
19. "If only they had been able to force this to trial in the 4 years available"
Tue Jan 14, 2025, 04:18 AM
Yesterday

John Roberts HALTED any trial when the nonsense of "immunity" was introduced and accepted by the 6 loons on the SCOTUS.

I.e., he overrode the rulings of the D.C. District AND D.C. Circuit Courts that dismissed the notion of "immunity". But DOJ being forced to address all those appeals and appeals and appeals slowed the whole thing down to a crawl as they prepared for a trial, which was 45's intent.

Magoo48

(5,629 posts)
21. Where the orange polyp is concerned, the US is a spineless blob.Those few who are steadfast receive no,support.
Tue Jan 14, 2025, 06:58 AM
Yesterday

JohnSJ

(96,925 posts)
22. f**king stupid, dumb ass Americans who elected this deviant. Like sheep led to the slaughter.
Tue Jan 14, 2025, 07:02 AM
Yesterday

Marthe48

(19,600 posts)
23. Yeah, yeah, yeah
Tue Jan 14, 2025, 08:00 AM
Yesterday

and yet, he is going to sit in the oval office, handing our country over to putin, whatever other dicators want a cut.

Really glad the report was released, and the investigation revelas that yeah, traitor felon woulda been convicted, but he wasn't, was he? And the entire world is poised to walk off a cliff into the abyss.



orangecrush

(22,267 posts)
25. Glad it came out
Tue Jan 14, 2025, 08:54 AM
23 hrs ago

But this makes no difference whatsoever to the cult that voted for him.

As with all dictators, he can do no wrong in their eyes.

It's going to take something monumental to topple Humpty Dumpty.

LSparkle

(11,853 posts)
26. Morning Hoes didn't even give it a Breaking News banner
Tue Jan 14, 2025, 09:06 AM
23 hrs ago

And gave it to Willie to cover. Like putting the story on page 10 of the paper. Back to Mrs. Scaredbro to cover how gov departments are planning for the next administration. Nothing to see here. Traitorous enablers ...

Icanthinkformyself

(313 posts)
28. I disagreed with counsel's position
Tue Jan 14, 2025, 10:01 AM
22 hrs ago

on what the Constitution says. It doesn't say the President cannot be prosecuted for crimes committed in or out of office. It doesn't give immunity from criminal behavior. Nowhere does it say that the President, or anyone else, is above the law. Apparently, my version is wrong.

Initech

(102,820 posts)
30. But he wasn't, because the GOP is drunk with power and out of control.
Tue Jan 14, 2025, 11:06 AM
21 hrs ago

And they’ve completely lost the narrative and their fucking minds. Too late to do anything about it.

republianmushroom

(18,416 posts)
32. I didn't think this would happen.
Tue Jan 14, 2025, 11:24 AM
21 hrs ago

I'm surprise.

Now release report vol. 2, and then Mueller Report un-redacted.

Kashkakat v.2.0

(1,894 posts)
33. NOT UNDERSTANDING the leap in logic from "pres cant be prosecuted for
Tue Jan 14, 2025, 11:40 AM
20 hrs ago

anything he does fulfilling his official duties as president while in office" to "pres cant be prosecuted for ANYTHING AT ALL." Since when is inciting a riot or conspiring to overturn an election official duties of a president? " What am I missing?

malthaussen

(17,813 posts)
35. Well, of course he does. Prosecuters don't bring indictments they think will fail.
Tue Jan 14, 2025, 11:44 AM
20 hrs ago

What the actual results would be of the zoo such a trial would have become must remain speculation, since the DoJ didn't have the guts to proceed with the indictment in a timely manner.

-- Mal

mahatmakanejeeves

(62,014 posts)
37. Law Dork: Breaking: Special counsel's report on the January 6 case is now public
Tue Jan 14, 2025, 11:57 AM
20 hrs ago
Hat tip, the DUer who has for a long time been linking to Law Dork

Breaking: Special counsel's report on the January 6 case is now public
“{B}ut for Mr. Trump's election and imminent return to the Presidency," the report concludes that a conviction in the Jan. 6 case against Trump was still possible.

Chris Geidner
Jan 14, 2025



Attorney General Merrick Garland released the volume of Special Counsel Jack Smith’s final report addressing the January 6 case (DOJ link here) to members of Congress and then to the public early Tuesday morning, shortly after an injunction purporting to block its release expired.

The first federal prosecutions of a former president had already reached their end for now, soon after Donald Trump was elected to a second term as president in November 2024. The Justice Department, through the Special Counsel’s Office, had dismissed the case brought against Trump related to his efforts to overturn the 2020 election and dismissed an appeal, as to Trump, of the case involving Trump’s handling of classified documents at Mar-a-Lago after leaving office in 2021.

Smith — who left a job as a prosecutor in The Hague to take on Garland’s appointment as special counsel in November 2022 — had one final task: transmitting a final report to Garland, in accordance with Justice Department regulations. He did so on January 7. ... “While I relied greatly on the counsel, judgment, and advice of our team, I want it to be clear that the ultimate decision to bring charges against Mr. Trump was mine,” Smith told Garland in a letter transmitting the report. “It is a decision I stand behind fully. To have done otherwise on the facts developed during our work would have been to shirk my duties as a prosecutor and a public servant. After nearly 30 years of public service, that is a choice I could not abide.”

Three days after sending the final report, Smith resigned from the Justice Department. ... Four days after that — days full of legal efforts to block the release of the report that echoed the efforts to block the prosecutions themselves — the January 6 case volume was released. Smith’s volume relating to the classified documents case remains out of the public’s eye for now, pursuant to an order issued as part of those efforts.

{snip}

totodeinhere

(13,416 posts)
38. His cult won't care. And this report won't stop him from doing untold damage to our country
Tue Jan 14, 2025, 03:41 PM
16 hrs ago

during the next four years and beyond. Let's face it, our system of justice has failed us.

DENVERPOPS

(10,347 posts)
41. Screwing with an election
Tue Jan 14, 2025, 06:03 PM
14 hrs ago

is horrific enough..............

But selling Top Secret Intel, (or even stealing it), is over the top........TREASON, and should be punished by DEATH......

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