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A monument to failure: Jack Smith's report and what might have been

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17.01.2025

Donald Trump made history this week, but not in a good way.

As far as I am aware, with the release of Jack Smith’s report on Trump’s criminal culpability for the events of Jan. 6, 2021, Trump is the first person in American history to be investigated by two separate special counsels.

There’s some real irony here. Robert Mueller declined to prosecute Trump because he was a sitting president. Smith did prosecute Trump but was forced to drop his case when Trump was elected president.

Trump was able to run out the clock because it took two-and-a-half years to indict him for his role in attempting to overturn the 2020 election results. But suppose Smith had also been authorized to pick up where Mueller left off and prosecute Trump's indictment-ready pre-2020 crimes that were still within the statute of limitations? If nothing else, Trump's presidential immunity claims would have been resolved much sooner and not delayed a trial on the election interference indictment.

And what a trial it would have been. Smith’s final report explains how there was plenty of admissible evidence for a conviction, even after the Supreme Court’s decision granting Trump blanket........

© The Hill