Special Counsel Jack Smith explained in his final report that he did not charge President-elect Donald Trump with sedition because he could not conclusively prove that January 6 was more than just a riot. did.
In the final reportSmith wrote that his office determined that prosecuting the riot would create an “unreasonable risk of litigation” and that the statue was “unprecedented by any evidence to prove a riot or to distinguish a riot from a riot.” It pointed out that it does not provide “guidance on whether”
“[T]he [special counsel’s office] “We have no direct evidence, including clear confessions or communications with co-conspirators, of Mr. Trump’s subjective intent to cause the full extent of the violence that occurred on January 6,” Smith said. wrote, noting that his office “found the following facts.” There should be a reasonable argument that Trump incited the violence. (Related: Jack Smith claims in final report that President Trump would have been convicted had he not won the election)
New Jack Smith report reveals why Smith didn’t charge Donald Trump with rioting: Because January 6th wasn’t a riot. Or at least Mr. Smith wasn’t confident he could convince even an all-blue D.C. jury that that was the case. And whatever it was, he couldn’t prove that Trump incited it.
— Byron York (@ByronYork) January 14, 2025
Smith faces impeachment for inciting insurrection after Colorado Supreme Court ruled he engaged in an insurrection to remove Trump from Colorado’s ballots, a decision later reversed by the Supreme Court. Even after that, they chose not to indict Trump.
Former Republican Wyoming Congresswoman Liz Cheney answered X Smith’s report on Tuesday said the Department of Justice (DOJ) had reached “the same essential conclusions as the task force.” However, in the committee’s final report on January 6, suggest Trump violated the Insurrection Act.
“There appears to be no prosecution under the law for inciting, aiding, or giving aid or comfort to rebellion or insurrection,” Smith’s report said.
“While the few related cases that exist appear to be based on defendants directly involved in the insurrection or insurrection, the agency’s evidence did not include evidence that Mr. Trump himself was directly involved in the insurrection,” the report said. states.
Smith argued in his report that if Trump had not won the 2024 election, he would have been convicted in the 2020 election case. He said any suggestion that the Biden administration influenced his decision to prosecute is “a farce.”
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