司法部公布史密斯最终报告第一卷：称若非特朗普胜选、证据足以定罪
2025年1月14日凌晨，美国司法部将特别检察官 Jack Smith 最终报告第一卷送交国会并对外公布。此前一天，佛罗里达州联邦地区法官 Aileen Cannon 拒绝了阻止该卷发布的紧急请求。报告落款日期为1月7日，内容是史密斯团队对当选总统特朗普涉嫌干预2020年总统选举结果、阻碍权力合法移交的调查与起诉，第一卷副题为「选举案」。
史密斯在致司法部长 Merrick Garland 的附信中写道，司法部关于宪法禁止起诉在任总统的立场是绝对的，不取决于所控罪行的轻重、政府证据的强弱或起诉本身的是非，检方对这起起诉全力坚持；「若非特朗普先生胜选并即将重返总统职位，本办公室评估认为，可采信的证据足以在审判中获得并维持定罪。」报告称，特朗普为在败选后保住权力而推翻合法选举结果的行为，是「前所未有的犯罪努力」。
报告同时披露，检方曾研究是否以煽动叛乱的罪名起诉，但没有找到任何「在政府内部为保住权力」而被控叛乱的先例案件，最终没有提出该项指控。史密斯在附信中说，其团队「为法治站了出来」，并反驳了其检察决定受拜登政府或其他政治力量影响的说法，称这种说法「可笑」。
2024年11月特朗普胜选后，史密斯依据司法部不对在任总统起诉的一贯政策，申请撤销选举案与机密文件案两起联邦刑事案件并获法院批准；史密斯已于1月10日辞职。报告第二卷涉及特朗普在海湖庄园存放机密文件一案，因两名共同被告的案件仍在进行，司法部暂不公开，仅按条件向参众两院司法委员会的两党领袖提供查阅。
特朗普在社交平台回应称，史密斯在凌晨1时发布了「虚假结论」。报告所载指控从未经过审判，特朗普对全部指控均不认罪。
关联：特别检察官Jack Smith申请撤销对特朗普的两起联邦刑事案件
（来源：美国司法部）
Justice Department Releases Volume One of Smith's Final Report, Which Says the Evidence Was Sufficient to Convict Trump but for His Election
In the early hours of January 14, 2025, the U.S. Department of Justice transmitted Volume One of Special Counsel Jack Smith's final report to Congress and released it to the public, a day after U.S. District Judge Aileen Cannon in Florida denied an emergency request to block its release. The report, dated January 7, sets out Smith's investigation and prosecution of President-elect Donald Trump over alleged efforts to interfere with the lawful transfer of power after the 2020 presidential election; its first volume is subtitled "The Election Case."
In his cover letter to Attorney General Merrick Garland, Smith wrote that the Department's view that the Constitution prohibits prosecuting a sitting 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 his office stood fully behind. "Indeed, but for Mr. Trump's election and imminent return to the Presidency, the Office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial," he wrote. The report describes Trump's effort to overturn the legitimate results of the election in order to retain power as an "unprecedented criminal effort."
The report also discloses that prosecutors considered charging Trump with inciting insurrection, but found no precedent of a defendant charged with insurrection for acting within the government to maintain power, rather than to overthrow it from the outside, and ultimately did not bring that charge. In his letter, Smith said his team "stood up for the rule of law" and called it "laughable" that anyone would suggest his decisions were influenced or directed by the Biden administration or other political actors.
After Trump won the November 2024 election, Smith, following the Justice Department's longstanding policy against prosecuting a sitting president, moved to dismiss both the election case and the classified documents case, and courts granted both motions; Smith resigned on January 10. Volume Two, covering Trump's handling of classified documents at Mar-a-Lago, was withheld from public release while the case against two co-defendants remained pending, and was made available only to the Republican and Democratic leaders of the House and Senate Judiciary Committees under conditions barring wider disclosure.
Trump responded on social media that Smith had released "fake findings" at 1:00 a.m. The allegations in the report were never tested at trial, and Trump pleaded not guilty to all charges.
Related: Special Counsel Jack Smith Moves to Dismiss Both Federal Criminal Cases Against Trump
(Source: U.S. Department of Justice)
来源：美国司法部
发布：GSM·美国（发布链接）
图片来源：图：位于华盛顿的美国司法部总部罗伯特·F·肯尼迪大楼。（APK 摄，CC BY 4.0，经 Wikimedia Commons） / Photo: The Robert F. Kennedy Department of Justice Building, headquarters of the U.S. Department of Justice, in Washington. (APK, CC BY 4.0, via Wikimedia Commons)
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