The Capitol Case: Trump’s Fate if He Was Not Elected President

15th January 2025

2 minutes read

The Capitol Case: Trump’s Fate if He Was Not Elected President

A report by the U.S. special prosecutor revealed that Donald Trump would have been indicted over his alleged attempts to alter the outcome of the 2020 election if he had not been re-elected president last November.

The report by Attorney General Jack Smith stated that the U.S. Department of Justice’s position that “the Constitution prohibits the continued indictment and prosecution of a sitting president is unequivocal and does not depend on the severity of the alleged crimes, the strength of government evidence, or the substantive grounds for prosecution, a position the office fully supports,” according to the American website Axios.

The report added: “If Mr. Trump had not been re-elected and was not imminently returning to office, the special prosecutor’s office believes that the admissible evidence would have been sufficient to secure a conviction at trial.”

The Department of Justice has already closed its investigations following Trump’s electoral victory.

The report, published Tuesday by U.S. media, represents the conclusion of a long legal battle to hold Trump accountable for his alleged role in the Capitol riots of January 6, 2021, and the events leading up to them.

Although there is no legal risk in the case, Trump fought a lengthy legal battle to prevent the report’s release but ultimately lost.

In this case, Trump was charged in 2023 with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction and attempted obstruction of an official proceeding, and conspiracy against rights.

The indictment came months after a House Select Committee, on January 6, 2023, accused Trump of participating in a “multi-part conspiracy to overturn the lawful results of the 2020 presidential election.”

Trump is scheduled to be inaugurated as President of the United States on January 20 of this year.