Report of Special Counsel Jack Smith, Volume One: The Election Case · 2025
THE CERTIFICATION OF THE ELECTORAL COLLEGE VOTE
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
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TABLE OF CONTENTS VOLUME ONE: THE ELECTION CASE — 1
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I. THE RESULTS OF THE INVESTIGATION — 2
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A. Mr. Trump's Pressure on State Officials — 8
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B. Mr. Trump's Fraudulent Elector Plan — 11
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C. Mr. Trump's Misuse of Official Power Through the Justice Department — 16
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D. Mr. Trump's Pressure on the Vice President — 20
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E. Mr. Trump's Supporters Attack the United States Capitol — 23
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II. THE LAW — 33
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A. Conspiracy to Defraud the United States (18 U.S.C. § 371) — 34
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B. Obstruction and Conspiracy to Obstruct (18 U.S.C. § 1512(k) and (c)(2)) — 45
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C. Conspiracy Against Rights (18 U.S.C. § 241) — 49
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D. Defenses — 53
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E. Other Charges — 61
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F. Co-Conspirator Liability — 67
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III. THE PRINCIPLES OF FEDERAL PROSECUTION — 68
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A. Prosecuting Mr. Trump Served Multiple Substantial Federal Interests — 69
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- 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
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- The substantial federal interest in counting every citizen's vote was served by Mr. Trump's prosecution — 74
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- The substantial federal interest in protecting election officials and other government officials from violence was served by Mr. Trump's prosecution — 75
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- The substantial federal interest in the evenhanded administration of the law was served by Mr. Trump's prosecution — 83
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B. Mr. Trump Was Not Subject to Effective Prosecution in Another Jurisdiction — 87
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C. There Was No Adequate Non-Criminal Alternative to Prosecution — 88
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D. Mr. Trump's Conduct Had No Historical Analogue — 90
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IV. INVESTIGATIVE PROCEDURE AND POLICY — 92
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A. The Investigative Process — 92
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B. Investigative and Prosecutive Procedures in an Election Year — 95
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- The Department's Election Year Sensitivities Policy — 96
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- Pre-Indictment Procedures — 99
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- Post-Indictment Procedures — 100
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V. INVESTIGATIVE CHALLENGES AND LITIGATION ISSUES — 107
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A. Pre-Indictment Litigation with Third Parties — 108
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- The Twitter/X Search Warrant — 108
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- Legislative Privilege Under the Speech or Debate Clause — 110
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B. Threats and Harassment ofWitnesses — 112
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C. Mr. Trump's Claims of Executive Privilege — 116
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D. Presidential Immunity — 122
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- Prosecutorial Decisions During the Charging Stage — 123
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- Immunity Litigation — 126
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- Unresolved Issues Regarding Presidential Immunity — 132
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VI. CONCLUSION — 136
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APPENDIX: KEY FILINGS IN SIGNIFICANT LITIGATION — 138