Introduction to Volume one of the Department of Justice Report Submitted by Special Counsel Jack Smith

On November 18, 2022, the Attorney General appointed Special Counsel Jack Smith to investigate potential violations of law related to efforts to interfere with the lawful transfer of power following the 2020 presidential election and the certification of the Electoral College vote on January 6, 2021. This investigation culminated on August 1, 2023, with a federal grand jury indictment in the District of Columbia charging former President Donald J. Trump with four felony offenses stemming from alleged attempts to use fraud and deceit to overturn the election results.

Following a Supreme Court decision affirming immunity for certain alleged official misconduct, a superseding indictment addressed Mr. Trump’s non-immunized actions. However, upon Mr. Trump’s reelection to the presidency, the Department of Justice moved to dismiss the case on November 25, 2024, adhering to its longstanding position that a sitting President cannot face federal indictment or prosecution.

This volume of the report submitted by Jack Smith on January 7, 2025, prior to his resignation on January 10, details the Special Counsel’s investigation into the “Election Case,” offering transparency on prosecutorial decisions under DOJ regulations (28 C.F.R. § 600.8(c)). It provides a comprehensive account through five sections:

1. Summary of Key Facts – drawn from the investigation and public litigation.
2. Legal Analysis – application of facts to statutes, considerations of alternative charges, and anticipated defenses.
3. Prosecution Decisions – justification for pursuing charges aligned with federal prosecutorial principles.
4. Investigative Procedures and Policies – outlining methods and guidelines followed during the inquiry.
5. Challenges and Issues – addressing key investigative and prosecutorial matters encountered.