Donald Trump would have been convicted over 2020 election, special counsel report says

Donald Trump would have been convicted of crimes over his failed attempt to cling to power in 2020 if he had not won the presidential election in 2024, according to the special counsel who investigated him.

Jack Smith’s report detailing his team’s findings about Trump’s efforts to subvert democracy was released by the justice department early on Tuesday.

Following the insurrection on 6 January, 2021, Smith was appointed as special counsel to investigate Trump’s efforts to overturn the 2020 election. His investigation culminated in a detailed report, submitted to the attorney general, Merrick Garland.

Volume one of the report meticulously outlines Trump’s actions, including his efforts to pressure state officials, assemble alternate electors and encourage supporters to protest against the election results.

Smith asserts that he believed the evidence was sufficient to convict 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,” Smith wrote.

“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.”

Volume two of the report, dealing with Trump’s alleged mishandling of classified documents, is under seal due to ongoing legal proceedings against Trump’s co-defendants. A hearing is scheduled for Thursday to determine whether it will be released to Congress or kept under seal.

Trump and his legal team have characterised the report as a “political hit job” aimed at disrupting the presidential transition.

This is a breaking news story, please check back for updates.