THE CERTIFICATION OF THE ELECTORAL COLLEGE VOTE

¶HELD ON JANUARY 6, 2021

Special Counsel Jack Smith Submitted Pursuant to 28 C.F.R. § 600.8(c)

Washington, D.C. January 7, 2025

TABLE OF CONTENTS VOLUME ONE: THE ELECTION CASE — 1
I. THE RESULTS OF THE INVESTIGATION — 2
A. Mr. Trump's Pressure on State Officials — 8
B. Mr. Trump's Fraudulent Elector Plan — 11
C. Mr. Trump's Misuse of Official Power Through the Justice Department — 16
D. Mr. Trump's Pressure on the Vice President — 20
E. Mr. Trump's Supporters Attack the United States Capitol — 23
II. THE LAW — 33
A. Conspiracy to Defraud the United States (18 U.S.C. § 371) — 34
B. Obstruction and Conspiracy to Obstruct (18 U.S.C. § 1512(k) and (c)(2)) — 45
C. Conspiracy Against Rights (18 U.S.C. § 241) — 49
D. Defenses — 53
E. Other Charges — 61
F. Co-Conspirator Liability — 67
III. THE PRINCIPLES OF FEDERAL PROSECUTION — 68
A. Prosecuting Mr. Trump Served Multiple Substantial Federal Interests — 69
1. The substantial federal interest in protecting the integrity of the electoral process and the peaceful transfer of power was served by Mr. Trump's prosecution — 69
1. The substantial federal interest in counting every citizen's vote was served by Mr. Trump's prosecution — 74
1. The substantial federal interest in protecting election officials and other government officials from violence was served by Mr. Trump's prosecution — 75
1. The substantial federal interest in the evenhanded administration of the law was served by Mr. Trump's prosecution — 83

B. Mr. Trump Was Not Subject to Effective Prosecution in Another Jurisdiction — 87
C. There Was No Adequate Non-Criminal Alternative to Prosecution — 88
D. Mr. Trump's Conduct Had No Historical Analogue — 90
IV. INVESTIGATIVE PROCEDURE AND POLICY — 92
A. The Investigative Process — 92
B. Investigative and Prosecutive Procedures in an Election Year — 95
1. The Department's Election Year Sensitivities Policy — 96
1. Pre-Indictment Procedures — 99
1. Post-Indictment Procedures — 100
V. INVESTIGATIVE CHALLENGES AND LITIGATION ISSUES — 107
A. Pre-Indictment Litigation with Third Parties — 108
1. The Twitter/X Search Warrant — 108
1. Legislative Privilege Under the Speech or Debate Clause — 110
B. Threats and Harassment ofWitnesses — 112
C. Mr. Trump's Claims of Executive Privilege — 116
D. Presidential Immunity — 122
1. Prosecutorial Decisions During the Charging Stage — 123
1. Immunity Litigation — 126
1. Unresolved Issues Regarding Presidential Immunity — 132
VI. CONCLUSION — 136
APPENDIX: KEY FILINGS IN SIGNIFICANT LITIGATION — 138