President-elect Donald Trump would have been convicted of illegally trying to overturn the result of the 2020 presidential election – which he lost – if he had not successfully been re-elected in the 2024, according to a Department of Justice report released to Congress.
"The admissible evidence was sufficient to obtain and sustain a conviction at trial," the report by Special Counsel Jack Smith said.
Smith is "deranged" and his findings are "fake", Trump said after the report was released.
The 137-page document was sent to Congress after Judge Aileen Cannon cleared the way for the first of two parts of Smith's report – on the election interference case – to be released.
She ordered a hearing later in the week on whether to release the part of the report on allegations that Trump illegally kept classified government documents.
The president-elect takes office on 20 January.
The special counsel, Jack Smith, resigned from his post last week.
Smith was appointed in 2022 to oversee the US Justice Department investigations into Trump. Special counsels are chosen by the department in cases where there is a potential conflict of interest.
Trump was accused of illegally keeping documents and, in some cases, storing them in rooms at Mar-a-Lago resort in Florida, his residence which he owns. In the interference case, he was accused of conspiring to overturn the 2020 election result.
Both cases resulted in criminal charges against Trump, who pleaded not guilty and sought to cast the prosecutions as politically motivated.
But Smith closed the cases after Trump's election in November, in accordance with Justice Department regulations that forbid the prosecution of a sitting president.
Indeed, in the released report, Smith says: "The department's [of justice] view that the Constitution prohibits the continued indictment and prosecution of a president is categorical and does not turn on the gravity of the crimes charged, the strength of the government's proof or the merits of the prosecution, which the office stands fully behind."
Since then, there's been a legal back-and-forth over the material related to the cases.
Last week, Judge Cannon put a temporary stop on releasing the whole Smith report, over concerns that it could affect the cases of two Trump associates charged with him in the classified documents case.
Walt Nauta, Trump's personal aide, and Carlos De Oliveira, the property manager at Mar-a-Lago , are accused of helping Trump hide the documents.
Unlike Trump's, their cases are still pending – and their lawyers argued that the release of Smith's report could prejudice a future jury and trial.
Harris, who Trump defeated in the 2024 election, presided over the event as required by the US Constitution.
Among the allies the president-elect has chosen to join his administration are contentious figures, including among fellow Republicans.
The president-elect has nominated RFK to lead the Department of Health and Human Services.
The suspect used an “improvised incendiary device” to start the fire in Portland, Oregon, ahead of the US election.
A week after losing the election, Kamala Harris's team are still appealing for funds.
Republicans have won control of both chambers of Congress, yielding Trump limited congressional oversight for at least 2 years.
The president and president-elect shook hands as part of a long-standing tradition signifying the transfer of power.
Given all the things they’ve said about each other, Joe Biden and Donald Trump’s meeting could be really awkward.
'I think Putin believes that he knows how to play Trump', says Trump's former adviser John Bolton.
The Russian president says he was impressed by Trump's reaction to the first assassination attempt against him.
The president addressed Americans from the White House for the first time since Donald Trump's election victory.
After Donald Trump's decisive victory, we asked Americans what they think made the difference for each campaign.
The BBC's Samira Hussain was on the ground for Harris's concession speech at Howard University.
The vice-president addressed supporters at Howard University in Washington DC, following her election defeat to Donald Trump.
BBC NI asks people in Belfast how they feel about Donald Trump's victory in the US election.
Donald Trump took the stage at his campaign watch party in West Palm Beach, Florida, and was met with loud cheers.
Voters across the US have their say on the re-election of Donald Trump.
Sir Keir Stamer and Kemi Badenoch react to Donald Trump's US Election victory at PMQs.
The first minister had backed Democrat Kamala Harris, which Trump's Scottish business had branded "an insult".
Catch up on the key moments from election night.
Allies of the president-elect can expect intense questioning when Senate confirmation hearings begin this week.
The 46th president had his accomplishments – but for now these are partly overshadowed by certain missteps
His exit comes amid a dispute over his report into Donald Trump's handling of classified documents.
All five living presidents appeared together at the funeral service of former US President Jimmy Carter.
The outgoing president also says he is considering pardons for Trump foes.
Copyright 2025 BBC. All rights reserved. The BBC is not responsible for the content of external sites. Read about our approach to external linking.