By Mayank Chhaya
Special Counsel Jack Smith’s final report out of the investigation into Donald J. Trump’s alleged attempt to illegally hold onto power after losing the 2020 election shows that the President-elect’s strategy to do whatever it took to brazen out all his perilous challenges worked.
In his 137-page report released at 1 a.m. on January 14, 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,” he said what is clearly the essence of Trump’s four-year-long strategy until he won the election on November 5, 2024.
Purely as an act of political machinating, Trump’s strategy to resist and rebuff has paid off brilliantly from his standpoint but in the process, it has set an ugly precedent by which other political leaders and even future presidents could well achieve similar results.
It was not lost on anyone when he announced to run for president again on November 15, 2022, that he was primarily doing it to build a shield around him against the oncoming flood of his legal troubles. However, it was not enough just to contest and win the Republican Party’s nomination to ward off his troubles. He had to win the election to ensure that he becomes legally untouchable as pointed out by Smith in view of the U.S. Constitution prohibiting indictment and prosecution of a president.
Had he lost the election, it would have been a fait accompli that Smith and the Department of Justice would have pursued the election interference case as well as the classified documents case to their logical end and likely won conviction in at least one, if not both.
Notwithstanding the complete absence of morality or ethics in Trump’s strategy, in so much as it illustrates to what extent politics is the art of the possible it would probably get enshrined in political science text books.
Coming as it does barely six days before Trump’s takes oath of presidency for the second time as it does in the immediate aftermath of Smith’s resignation, the report is a stunning rebuke of the President-elect.
As if writing with an eye on history, Smith said, “I can assure you that neither I nor the prosecutors on my team would have tolerated or taken part in any action by our Office for partisan political purposes. Throughout my service as Special Counsel, seeking to influence the election one way or the other, or seeking to interfere in its outcome played no role in our work. My Office had one north star: follow the facts and law wherever they led. Nothing more and nothing less.”
While most of the details of the cases have already been known for quite some time, reading them in a single document makes it even more extraordinary.
“As alleged in the original and superseding indictments, substantial evidence demonstrates that Mr. Trump then engaged in an unprecedented criminal effort to overturn the legitimate results of the election in order to retain power. Although he did so primarily in his private capacity as a candidate, and with the assistance of multiple private co-conspirators, Mr. Trump also attempted to use the power and authority of the United States Government in furtherance of his scheme. As set forth in the original and superseding indictments, when it became clear that Mr. Trump had lost the election and that lawful means of challenging the election results had failed, he resorted to a series of criminal efforts to retain power,” the report said.
The report also stands out starkly for laying the entire blame for the 2020 election disaster at Trump’s feet.
It is unlikely to change any minds on either side of the political divide, but its shattering importance ought to be seen in the context of posterity. It will forever remain a powerful and damning counter to the Trump narrative.