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

  • 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
11
  • 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