The Jack Smith report: final report on efforts to interfere with the lawful transfer of power following the 2020 presidential election by Donald Trump and others

VOLUME ONE : THE ELECTIONS CASE

I. 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

II. THE LAW

A. Conspiracy to defraud the United States (18 U.S.C.ʹ 371

B. Obstruction and conspiracy to obstruct (18 U.S.C. ʹ 1512(k) and (c) (2))

C. Conspiracy against rights (18 U.S.C. ʹ 241)

D. Defenses

E. Other charges

F. Co-conspirator liability. III. THE PRINCIPLES OF FEDERAL PROSECUTION

A. Prosecuting Mr. Trump served multiple substantial federal interests

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

2. The substantial federal interest in counting every citizen's vote was served by Mr. Trump's prosecution

3. The substantial federal interest in protecting election officials and other government officials from violence was served by Mr. Trump's prosecution

4. The substantial federal interest in the even-handed administration of the law was served by Mr. Trump's prosecution

B. Mr. Trump was not subject to effective prosecution in another jurisdiction

C. There was no adequate non-criminal alternative to prosecution

D. Mr Trump's conduct had no historical analogue

IV. INVESTIGATIVE PROCEDURE AND POLICY

A. The investigative process

B. Investigative and prosecutive procedures in an election year

1. The Department's election year sensitivities policy

2. Pre-indictment procedures

3. Post-indictment procedures

V. INVESTIGATIVE CHALLENGES AND LITIGATION ISSUES

A. Pre-indictment litigation with third parties

1. The Twitter/X search warrant

2. Legislative privilege under the speech or debate clause

B. Threats and harassment of witnesses

C. Mr. Trump's claims of executive privilege

D. Presidential immunity

1. Prosecutorial decisions during the charging stage

2. Immunity litigation

3. Unresolved issues regarding presidential immunity

VI. CONCLUSION

Appendix: Key filings in significant litigation.