Trump calls Jack Smith 'desperate' after special counsel report is released after midnight
President-elect Trump took one more dig at Jack Smith after the Justice Department released the former special counsel's report early Tuesday.
Attorney General Merrick Garland released the first volume, which focuses on the election case against Trump, of Smith’s report on Tuesday at midnight after back-and-forth in the federal court system. The report was released at midnight because that was when the original hold on Volume One expired. Nevertheless, the timing provoked a heated response from Trump.
"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," Trump posted on Truth Social.
In another post, Trump dismissed Smith's report, claiming it was based on information gathered by the House Jan. 6 select committee, which was formed in July 2021 to investigate the breach of the U.S. Capitol earlier that year by Trump supporters who rioted ahead of President Biden taking office on Jan. 20. The Jan. 6 committee’s investigation was carried out when Democrats held control of the House and all of its members were appointed by then-House Speaker Nancy Pelosi, D-Calif.
Trump also repeated his claim that Smith, who resigned last week, acted on orders from President Biden to prosecute the president's political opponents.
"Jack is a lamebrain prosecutor who was unable to get his case tried before the Election, which I won in a landslide," Trump wrote.
In a letter to Garland last week, Smith called it "laughable" that Trump believes the Biden administration, or other political actors, influenced or directed his decisions as a prosecutor, stating that he was guided by the Principles of Federal Prosecution.
"Trump's cases represented ones ‘in which the offense [was] the most flagrant, the public harm the greatest, and the proof the most certain,’" Smith said, referencing the principles.
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In the lengthy report, Smith said his office fully stands behind the decision to bring criminal charges against Trump because he "resorted to a series of criminal efforts to retain power" after he lost the 2020 election.
Smith said in his conclusion that the parties were determining whether any material in the "superseding indictment was subject to presidential immunity" when it became clear that Trump had won the 2024 election. The department then determined the case must be dismissed before he takes office because of how it interprets the Constitution.
"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," the report stated.
Garland appointed former Justice Department official Jack Smith as special counsel in November 2022.
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Smith, a former assistant U.S. attorney and chief to the DOJ's public integrity section, led the investigation into Trump's retention of classified documents after leaving the White House and whether the former president obstructed the federal government's investigation into the matter.
Smith was also tasked with overseeing the investigation into whether Trump or other officials and entities interfered with the peaceful transfer of power following the 2020 presidential election, including the certification of the Electoral College vote on Jan. 6, 2021.
Smith charged Trump in both cases, but Trump pleaded not guilty.
The classified records case was dismissed in July 2024 by U.S. District Court for the Southern District of Florida Judge Aileen Cannon, who ruled that Smith was unlawfully appointed as special counsel.
Smith charged Trump in the U.S. District Court for Washington D.C. in his 2020 election case, but after Trump was elected president, Smith sought to dismiss the case. Judge Tanya Chutkan granted that request.