Just after midnight on Tuesday, Jan. 14, Special Counsel Jack Smith’s office released its report on President-elect Donald Trump’s efforts to overturn the 2020 presidential election. The report concludes that the evidence Smith obtained was sufficient to criminally convict Trump, but that after the 2024 election, the case could not move forward in light of Justice Department policy against prosecuting a sitting president.

While the report reveals relatively little new factual information around the events of the January 6 attack on the U.S. Capitol, it does explain Smith’s rationale for his legal positions and key decisions. The report could also have implications for other criminal proceedings, including state-level cases against fake electors.

What are the report’s key take-aways and how might it add to the historical record?

Joining the show to discuss the report are Tom Joscelyn and Marty Lederman.

Tom is a Senior Fellow at Just Security. He was a senior professional staff member on the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol. Marty is an Executive Editor at Just Security and a Professor at Georgetown University Law Center. He served in senior roles at the Justice Department, including in the Office of Legal Counsel.

Show Notes:

Paras Shah (LinkedIn – X)
Tom Joscelyn (Bluesky – X)
Marty Lederman (Bluesky – X)
Tom’s Just Security article with Ryan Goodman (Bluesky – LinkedIn) “3 Highlights in Special Counsel Jack Smith’s Final Report on 2020 Election Subversion Case”
Just Security’s Trump Trials Clearinghouse
Just Security’s January 6th Attack on the U.S. Capitol coverage
Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

RPGs at PAX Unplugged with Mike A and Pooka G