Report of Special Counsel Jack Smith, Volume One: The Election Case

Background

What it found

1. The Special Counsel concluded the evidence was enough to convict. The case was dropped only because Trump was about to become President again. p. 137 p. 136

   “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.”

2. Trump was told, by his own officials, advisors, state officials and the courts, that there was no fraud that could have changed the result. The report finds he knew he had lost. p. 2 p. 4 p. 39

   “Finally, at times, Mr. Trump made comments implicitly acknowledging that he knew he had lost the election. For example, in a January 3, 2021 Oval Office meeting regarding a national security matter, Mr. Trump stated in part, "[I]t's too late for us. We're going to give that to the next guy," meaning President-elect Biden.”

3. He pressed state officials to set aside the vote count, only in states he had lost and only officials of his own party. p. 8 p. 9

   “On January 2, 2021, just days before the election results were to be certified, he called Georgia's Secretary of State and pressed him to "find 11,780 votes"-Mr. Biden's margin of victory in the state.”

4. Slates of electors were organised in seven states he had lost, and many of those electors were misled about how their certificates would be used. p. 11 p. 13

5. He tried to put a compliant official in charge of the Justice Department, backing down only when warned of mass resignations. p. 17 p. 19

6. He pressed Vice President Pence, day after day, to set aside legitimate electoral votes, then turned the crowd against him on January 6. p. 20 p. 30

   “Then, at 2:24 p.m., sitting alone, Mr. Trump issued a Tweet attacking Mr. Pence and fueling the riot: "Mike Pence didn't have the courage to do what should have been done to protect our Country and our Constitution, giving States a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify. USA demands the truth!"”

7. His public attacks on officials, election workers and, later, witnesses were followed again and again by threats against them. p. 112 p. 76 p. 113

Where to start reading

Short on time? These sections carry the report's argument. Each opens at the start of the section.

1. The results of the investigation p. 3 · Read →

   The whole case in a few pages — what the Special Counsel says happened, and who the six unnamed co-conspirators were.

   “In service of these efforts, Mr. Trump worked with other people to achieve a common plan: to overturn the election results and perpetuate himself in office.”

2. Mr. Trump's Pressure on State Officials p. 9 · Read →

   The calls to Arizona, Georgia and Michigan, and what the officials on the other end told him.

   “Co-Conspirator 1 not only failed to ever provide such evidence, but he conceded to the Arizona Speaker at an in-person meeting a week later that "[w]e don't have the evidence, but we have lots of theories."”

3. Mr. Trump's Fraudulent Elector Plan p. 12 · Read →

   How electors were organised in seven states he lost, from the planning memos to December 14.

   “Two and a half hours later, he replied to his own email and, as cover, wrote that "'alternative' votes is probably a better term than 'fake' votes"”

4. Mr. Trump's Supporters Attack the United States Capitol p. 24 · Read →

   January 6 hour by hour — the Ellipse speech, the march, and the afternoon in the White House dining room.

   “Throughout the afternoon, crowds at the Capitol hunted for Mr. Pence and other lawmakers, with some chanting, "Hang Mike Pence!"”

5. Prosecuting Mr. Trump Served Multiple Substantial Federal Interests p. 70 · Read →

   Why prosecute a former president at all — the prosecutors' argument, including what the police at the Capitol went through.

6. Mr. Trump's Conduct Had No Historical Analogue p. 91 · Read →

   Why this was not like the disputed elections of 1876, 1960 or 2000.

   “Mr. Trump was "not being prosecuted for publicly contesting the results of the election; he is being prosecuted for knowingly making false statements in furtherance of a criminal conspiracy and for obstruction of election certification proceedings."”