Special counsel Jack Smith explained in his final report that he didn’t indict President-elect Donald Trump on insurrection charges because he ultimately could not prove Jan. 6 was more than a riot.
In the final report, Smith wrote that his office decided that bringing insurrection charges would create “unwarranted litigation risk,” noting the statue offers “no guidance on what proof would be required to establish an insurrection, or to distinguish an insurrection from a riot.”
“[T]he [special counsel’s office] did not develop direct evidence-such as an explicit admission or communication with co-conspirators-of Mr. Trump’s subjective intent to cause the full scope of the violence that occurred on January 6,” Smith wrote, noting his office did find there were “reasonable arguments” to be made that Trump incited violence.
Smith opted not to charge Trump even after the Colorado Supreme Court held that he engaged in insurrection in an effort to remove him from the state’s ballot, a decision later reversed by the Supreme Court, and after he faced impeachment for allegedly inciting an insurrection.
……..Smith’s report notes that there “does not appear to have ever been a prosecution under the statute for inciting, assisting, or giving aid or comfort to rebellion or insurrection.”
“The few relevant cases that exist appear to be based on a defendant directly engaging in rebellion or insurrection, but the Office’s proof did not include evidence that Mr. Trump directly engaged in insurrection himself,” the report states.
Smith did argue in his report that Trump would have been convicted in the 2020 election case if he had not won the 2024 election. He called any suggestion that the Biden administration influenced his decision to bring charges “laughable.”
Jack Smith finally resigned in disgrace after failing to make the bogus charges of “insurrection” and ‘mishandling of classified documents‘ stick. As a matter of fact, Smith’s final report concluded that there was zero evidence of “insurrection”.
Good riddance Jack. But don’t go too far. A reckoning is coming.
Related post:
https://sfcmac.com/6-jan-protesters-motivated-by-loyalty-and-anger-over-corruption-not-insurrection/
Related article:
https://thehill.com/opinion/criminal-justice/5080467-special-counsel-jack-smith-report/