Report of Special Counsel Jack Smith, Volume One: The Election Case · 2025
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- 1 This section of the Report summarizes the evidence uncovered by the Office's investigation, and therefore includes conduct for which the Supreme Court later held Mr. Trump to be immune from prosecution, see Trump v. United States, 603 U.S. 593, 597 (2024). That conduct is not included in the superseding indictment that the Office obtained after the Supreme Court's decision, see ECF No. 226, nor is that conduct included in the discussion below regarding why the evidence warranted criminal charges under the Principles of Federal Prosecution. Unless otherwise noted, all ECF citations in this Volume of the Report are to the docket in United States v. Trump, No. 23-cr-257 (D.D.C.).
- 17 ECF No. 324, United States v. Trump, No. 23 Cr. 80101 (S.D. Fla. Feb. 22, 2024).
- 18 ECF No. 328, United States v. Trump, No. 23 Cr. 80101 (S.D. Fla. Feb. 22, 2024).
- 248 The Appendix to this Report lists public information about key documents from significant litigation undertaken in the course of the investigation and prosecution.
- 274 As of the date of this Report, certain documents from selected grand jury litigation have been made available to the public through related litigation. See In re Application of the New York Times, No. 22-mc-100, ECF No. 32 (D.D.C.); In re Press Application, No. 23-mc-35, ECF No. 11 (D.D.C.); see also Former Vice President 1vfichael R. Pence s 1'vfotion to Quash Subpoena, United States District Court for the District of Columbia (Mar. 3, 2023), https://www.dcd.uscourts.gov/sites/dcd/files/Attachment%20 l .pdf [https://perma.cc/5LNK-72DG]; Governments Opposition to Former Vice President Pence s Motion to Quash Subpoena, United States District Court for the District of Columbia (Mar. 10, 2023 ), https://www.dcd.uscourts.gov/sites/dcd/files/Attachment%202.pdf [https://perma.cc/C8VM-E2PV]; Former Vice President Michael R. Pence s Reply in Support of His Motion to Quash Subpoena, United States District Court for the District of Columbia (Mar. 17, 2023), https://www.dcd.uscourts.gov/sites/dcd/files/Attachment%203 .pdf [https://perma.cc/Z5DJ-7Y2K]; Order, United States District Court for the District of Columbia (Mar. 27, 2023); https ://www.dcd.uscourts.gov/s ites/dcd/fi !es/Attachment%204. pdf [https ://perma.cc/L 7TS-L6AQ]; Memorandum Opinion, United States District Court for the District of Columbia (Mar. 27, 2023), https://www.dcd.uscourts.gov/sites/dcd/files/ A ttachment%20 5.pdf [https://perma.cc/FR8G-S3 SJ]; Sealed Proceeding Before the Honorable James E. Boasberg, United States District Court for the District of Columbia (Mar. 23, 2023 ), https://www.dcd.uscourts.gov/sites/dcd/files/Attachment%206. pdf [https://perma.cc/J2C6-K35S].
- 276 kfemorandum Opinion and Order, United States District Court for the District of Columbia (Nov. 4, 2022), http://www.dcd.uscourts.gov/sites/dcd/files/Redacted%20November%204%2C%202022%20Memorandum%200pi nion%20and%20Order. pdf [https ://perma.cc/6CLJ-BETZ].
- 277 1vfemorandum Opinion, United States District Court for the District of Columbia (Dec. 28, 2022), https://www.dcd.uscourts.gov/sites/dcd/files/Redacted%20December%2028%2C%202022%20Memorandum%200 pinion%2C%20ECF%20No%2043.pdf [https://perma.cc/7Z37-SRA4]; Order, United States District Court for the District of Columbia (Dec. 28, 2022), https://www.dcd.uscourts.gov/sites/dcd/files/Redacted%20December %2028%2C%202022%20Order%2C%20ECF%20N 0%2042.pdf [https://perma.cc/AYF7-ECBD].
- 278 Memorandum Opinion and Order, United States District Court for the District of Columbia (Jan. 4, 2023), https://www.dcd.uscourts.gov/sites/dcd/files/Redacted%20January%204%2C%202023%20Memorandum%200pini on%20and%20Order%2C%20ECF%20N 0%2044. pdf [https ://perma.cc/3 8NW- EXV3].
- 279 Memorandum and Order, United States District Court for the District of Columbia (Feb. 4, 2023), https://www.dcd.uscourts.gov/sites/dcd/files/Memorandum%20and%200rder%20February%2024%2C%202023.pdf [https ://perma.cc/7PZQ-NZK6].
- 280 Memorandum Opinion, United States District Court for the District of Columbia (Dec. 19, 2023), https ://www .dcd.uscourts.gov/s ites/dcd/files/22-sc-2 l 44%20-%20Opinion.pdf [https://perma.cc/5 PPD-JH68]; Order, United States District Court for the District of Columbia (Dec. I 9, 2023 ), https://www.dcd.uscourts.gov/s ites/dcd/files/22-sc-2144 %20-%20Order. pdf [https://perma.cc/C3 E5-JQXK].