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Special Counsel's Report on Jan.6th Synopsis and Excerpts [1]
['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']
Date: 2025-01-15
Jack Smith preceeds the report with a four-page letter of what a special counsel is, and what his job was in investigating the January 6th insurrection. He takes the blame for being the one who decided to file charges against Trump.
"As set forth in my report, after conducting thorough investigations, I found that, with respect to both Mr. Trump's unprecedented efforts to unlawfully retain power after losing the 2020 election and his unlawful retention of classified documents after leaving office, the Principles compelled prosecution." Indeed, Mr. Trump's cases represented ones "in which the offense was most flagrant, the public harm the greatest, and the proof most certain."
He goes on to explain how he followed all the rules of investigation and prosecution of the cases.
"And to all who know me well, the claim that my decisions as a prosecutor were influenced or directed by the Biden administration or other political actors is, in a word, laughable." "Public service is a privilege, and we deeply appreciate the opportunity to serve our Nation seeking to uphold the rule of law."
Then we get a two-page table of contents. I appreciate how he called Trump, Mr. Trump, all the way through the report.
THE RESULTS OF THE INVESTIGATION:
A. Mr. Trump's pressure on state officials.
B. Mr. Trump's fraudulent elector plan.
C. Mr. Trump's misuse of official power through the Justice Department.
D. Mr. Trump's pressure on the Vice President.
E. Mr. Trump's supporters attack the United States Capitol.
Then he listed the charges against Trump. Conspiracy to defraud the United States. Obstruction and conspiracy to obstruct. And finally conspiracy against rights.
On the second page after the table of contents, Smith said outright that after the 2020 election:
"Mr. Trump engaged in an unprecedented criminal effort to overturn the legitimate results of the election in order to retain power."
"Mr. Trump also attempted to use the power and authority of the United States government in furtherance of his scheme."
When Trump had lost all legal avenues in court, "he resorted to a series of criminal efforts to retain power."
After laying out the groundwork, including the pressure on Pence, Smith describes the others involved as co-conspirators. He doesn't name them, but everyone else has, five out of the six have been identified with their co-conspirator numbers:
Rudy Giuliani John Eastman Sidney Powell Jeffrey Clark Kenneth Chesebro Unknown "political consultant"
Next is about Trump's challenges to voting in states and how literally everybody, even Mike Pence, told him that voter fraud claims were false.
Then we start with Section A, the pressure on state officials. Trump and Rudy call up the Arizona Speaker of the House and tell him to replace the real electors with fake collectors for Trump. A week later in a meeting with the Speaker, Rudy admitted that "we don't have the evidence, but we have lots of theories." Great admission, Rudy. Then the Trump call to Brad Raffensberger in Georgia to find him 11,780 votes. That's an hour-long call. Don't need to cover it here.
Section B: The fraudulent elector scheme.
Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin, all states that Trump lost, and tried to get fake electors in Trump's name instead of Biden's. Again, we know all about this from previous reporting and the original indictment.
Section C: Trump's misuse of power through the Justice Department.
Trump was frustrated because the DOJ had found no evidence of voter fraud. This is why he wanted to make Jeffrey Clark the Attorney General. Trump had to back down when he was told that if Jeffrey Clark was put in, there would be mass resignations in the Justice Department.
Clark got his hands on a highly classified briefing on foreign interference in the 2020 election. However, it didn't do anything to confirm voting fraud in the swing states.
Section D: Mr Trump's pressure on the Vice President.
Eastman and Chesebro came up with the plan to have the Vice President change the acceptance of electoral votes. We know how that worked out as well.
Section E: Mr. Trump's supporters attack the United States Capitol.
Trump tweeted at 1:00 a.m. that the certification of the vote changes were all up to Mike Pence, putting the first target on Pence's back.
Trump made a phone call to Mike Pence just before he headed from the White House to the Ellipse to give his speech at the rally. His pressure didn't work. Mike said he wouldn't do what Trump was asking.
After the call, Trump was angry and told his staffers to insert language into his speech that he had drafted earlier, putting still another target on Mike's back.
Then the report details all the lies that Trump told at the Ellipse speech. The comments about dead voters, ballots counted many times, you know the rest.
Trump used the word "fight" 10 times during his speech. Trump worked the crowd very well and got them angry. "If you don't fight like hell, you're not going to have a country anymore." That's not innocent First Amendment speech, that's a call to violence.
Three pages of pictures of the violence at the Capitol.
After the speech, Trump went back to the White House and settled down in the dining room next to the Oval Office and watched the events unfold. When the Capitol was breached, advisors rushed into tell him, but he was having none of it. He was enjoying it.
Then, he calls Mike Pence a coward, that he hadn't done the right thing. When Trump was informed that Pence had to be evacuated to safety, this is when Trump said, "So what?"
All afternoon staff, officials and family asked Trump to call off the mob and he refused.
Then he finally tweeted to his supporters to obey law enforcement and be peaceful. This is after 140 law enforcement officers were injured in battling the rioters.
Then Smith ties the crimes to the evidence.
Detailed are the times that Trump said that knew that he lost the election. But he continued to claim voter fraud and pushed the elector scheme in order to remain in power.
The obstruction and conspiracy to obstruct was "proved beyond a reasonable doubt."
Smith describes Trump's actions as being done "corruptly." I bring that up because using the word "corrupt" is one of Trump's favorite things.
Conspiracy against rights, Trump completed the three elements necessary for conviction.
Mr. Trump entered into a conspiracy. To willfully injure, oppress, threatened or intimidate a person in the United states. In the exercise or enjoyment of a right secured by the Constitution or a federal law.
Then, Smith rips apart all of Trump's possible defenses for his actions.
The good faith assumption that Trump was simply trying to correct what he saw as election mismanagement was contradicted by the fact that he knew that he had lost.
"He acted with a criminal mind."
Smith details what juries would think when presented with specific evidence.
Co-conspirator 1, Rudy Giuliani, is mentioned a lot. He could easily be convicted of more crimes than Trump.
"A criminal lawyer has no license to act as a lawyer-criminal." Good one, Jack.
Then the report cancels out any possible claims that Trump could say he acted on the advice of a lawyer.
Jack then covers possible First Amendment claims by Trump.
"It is well established that the First Amendment does not protect speech that is an instrument of a crime."
Free speech does not cover "fraud, bribery, perjury, extortion, incitement, solicitation and blackmail."
Other charges. They looked at a charge of violating the Insurrection Act. The problem was the limited amount of case law. Then Jack goes and proves that Trump is guilty of the Insurrection Act by several actions including exhorting his followers to attack the Capitol.
Calling it a rout or a riot does not make it any different from an insurrection. He then spends some time explaining the definition of an insurrection.
Several elements that would need to be proved have never been used in a federal court. This was because Trump was not an active participant at the Capitol.
Co-conspirator liability. Six other people helped Trump commit his crimes. Investigators need to see if the co-conspirators committed crimes beyond the ones of which Trump was charged.
"The violence of January 6th was foreseeable to Mr. Trump, who had remarked the evening before that his supporters were "angry."
When he spoke to his supporters at the ellipse, he told them, "We're not going to let it happen," and then the crowd chanted, "Fight for Trump." When Trump told them, "If you don't fight like hell, you're not going to have a country anymore," the crowd marched to the Capitol in response.
Co-conspirator 2, John Eastman, replied that previously there had been points in the nation's history where violence was necessary to protect the republic.
Events unfolded quickly on January 5th. When Trump told Mike Pence that he would have to publicly criticize him, Pence's Chief of Staff alerted the head of Pence's protective detail.
A counsel for the Vice-President told co-conspirator 2, John Eastman, that his electors plan would result in a "disastrous situation" where the election might "have to be decided in the streets." On Jan. 6th the counsel told Eastman that he was "whipping large numbers of people into a frenzy for something with no chance of ever attaining legal force through actual process of law, has led us to where we are."
One of the Jan. 6th rioters was told by prosecutors in court, "I think you were a pawn, you were a pawn in a game that was played and directed by people who should have known better."
Court stating that "incendiary" statements at the Ellipse rally, "absolutely, quite clearly, and deliberately, stoked the flames of fear and discontent and explicitly encouraged those at the rally to go to the Capitol to fight for one reason and one reason only, to make sure the certification didn't happen."
Kelly Meggs, a member of the Oath Keepers messaged, "He called us to the Capitol,...and he wants us to make it wild."
During the siege, Mr. Trump's supporters continued to heed his words. Video evidence from that afternoon shows rioters, in real time, crediting Mr. Trump for their presence and conduct at the Capitol.
As rioters pushed past police, one yelled, "We were invited here!" Another shouted to police "stand down, you're outnumbered, there's a f**king million of us out there. And we're listening to Trump, your boss."
After Trump tweeted at 4:25 p.m. for rioters to "stand down" and "go home" another of the group played back the tweet to others and announced that, "Donald Trump has asked everybody to go home." They began to.
At trial, many claimed they were just following Trump's orders as their defense. They were also convinced that the 2020 election was fraudulent and that they had to take action to prevent the transition of the presidency.
The report then goes through the reasoning that Trump was not charged for his actions taken in the states of the fake electors scheme due to jurisdiction.
Smith goes on to talk about the whole case. "There was no adequate non-criminal alternative to prosecution." Yes, he was impeached, but that was never meant to mean that a criminal trial could not be held afterwards.
"Mr. Trump's actions had no historical analogue." Trump contended at his impeachment that others had contested elections and he was being singled out differently. The prosecutors said that no one else had acted criminally like Trump.
The report then launched into a long section about how the investigation was done, dealing with it being an election year and DOJ policy. Evidence retrieval of Trump's records on Twitter by search warrant. Pence claiming he couldn't be forced to testify because of the legislative speech and debate clause of the Constitution and how it didn't apply.
"Threats and harassment of witnesses." Threats by Trump on social and mainstream media worked to intimidate those who would testify against him by his supporters who followed his every word as commands to go after individuals. Time and time again it was shown to be a cause and effect.
The day after his indictment, Trump put up on Truth Social, "IF YOU GO AFTER ME, I'M COMING AFTER YOU!" The next day, the judge started getting death threats. These occurrences made the prosecution to ask for a gag order.
"Mr. Trump's claim of executive privilege." Time and time again this was attempted to be used to withhold evidence from the proceedings. Each time it was refuted. Actions were not official.
When witnesses were told by Trump to assert executive privilege, litigation was entered and upheld that it did not apply.
"Presidential immunity." Doesn't apply to illegal actions, just like it didn't apply to Nixon. Quotes from prosecutors in Trump's impeachment trial, again how there us no immunity for criminal actions. Interactions with lawyers participating in the crime makes them both liable. Even goes back to the Mueller report for support.
"Immunity litigation." Goes through everything that led up to the Supreme Court decision and how evidence had to be removed from the case, but still could be prosecuted for non-official acts.
There were still unresolved issues about immunity that would have to be dealt with before proceeding to trial.
Smith goes into tests that could be made to separate non-official acts from official ones.
The report ends with the claim that the admissible evidence was enough to obtain and sustain a conviction at trial.
In the appendices is a 12 page letter from Todd Blanche, dated, ironically, January 6, 2025, delaring that the report must not be released and his erroneous reasoning.
It reads like Trump was standing right over his shoulder. "Failed cases." Smith doesn't appreciate Trump's "complete exoneration." "Extra-judicial 'Final Report.'" Complains that he couldn't use electronic devices while being allowed to read the draft report, to which he wasn't entitled to read, anyway. A "crusade" executed by Smith on behalf of the Biden/Harris administration. Smith lacks authority because he wasn't validly appointed. Smith has "pillaged $20 million" to do his dirty work. The report violates the presumption of innocence. It allows Smith to make extrajudicial statements. That's just the first page.
Second page. Releasing the report would violate the Presidential Transition Act and Presidential immunity. Smith is "an out-of-control private citizen." The report is a "lawless political stunt." Smith's plan to release the report must be stopped and Smith removed immediately. "You are in, no doubt, familiar with the history of the unethical election-interference and lawfare by the Special Counsel's office." I can just hear Garland laughing at that one. Then Blanche whines about hearing about the report and it's probable release from the media. He actually has no right to do anything about the report, much less read the draft, which he was allowed to do, which has rarely ever been done before. Garland must "end the weaponization of the justice system." Trump must be still looking over his shoulder.
Then he complains how there were leaks to the media that the report existed.
On page 3, the heading is "preparation and release of a report would violate existing law." Presidential Transition Act, presidential immunity, Smith not validly appointed, blah, blah, blah. He's stuck going in a circle recycling arguments he already made.
On page 8, he finally says something different. "Preparation and release of a report would serve no valid purpose." 4 more pages about why.
On the last page, he concludes, "Smith's plan for releasing the report is unlawful, undertaken in bad faith, and contrary to the public interest." Blanche, it's the public that want's the report released, and are interested. "Smith's conduct raises grave concerns." How could that be? We haven't heard one word from him in public since the original indictment.
This should have been the last line. Everything should be canceled "in accordance with President Trump's commanding national mandate from the voters."
Weaponization of the justice system, no report should be prepared or released, Smith should be removed, double and triple blah.
Smith then responds with a letter to Garland about Blanche's letter on January 7th.
He provided counsel to Trump, Nauta and Olivieri to review the report, but only Blanche responded with a letter. "That response fails to identify any specific factual objections to the draft." Smith then says that Blanche's letter just rehashes of all the tired old complaints and whining of Trump and the ridiculous assertions Trump's lawyers always make. Everything in Blanche's letter is false.
"Finally, Mr. Trump's letter claims dismissal of his criminal case signifies Mr.Trump's "complete exoneration." That is false. As the Office described in its dismissal motions, and in the report, the Departments view that the Constitution prohibits Mr. Trump's indictment and prosecution while he is in office is categorical and does not turn on the gravity of the crimes charged, the strength of the government's proof, or the merits of prosecution, all of which the Office stands fully behind."
The quote that every news organization uses is from page 137, the last page of the report itself.
"Indeed, but for Mr. Trump's election and the imminent return to the Presidency, the Office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial."
I'm not sure that the report contains more evidence than the original and superceding indictments. Smith goes into a lot of detail in logic and definitions and how decisions were made.
What is significant is how much Trump's lawyers and Trump tried to keep it from the public, and they lost. Even Trump's in the pocket judge, Aileen Cannon, saw that interfering with something completely out of her jurisdiction could have cost her with the 11th Circuit Court of Appeals. She could have been hauled in front of the Judicial Ethics Committee and lost her job.
The report is a small bit of justice holding Trump accountable by showing how he would have been convicted. Everyone can have a copy of it and read it. It can't be suppressed. It can be shoved under the noses of Trump's supporters and tell them to read the whole thing. When they refuse, tell them they're hopelessly brainwashed.
After that, tell them to read Project 2025 to see how bleak their future is going to be.
[END]
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