US president-elect Donald Trump and special counsel Jack Smith. Reuters
US president-elect Donald Trump and special counsel Jack Smith. Reuters
US president-elect Donald Trump and special counsel Jack Smith. Reuters
US president-elect Donald Trump and special counsel Jack Smith. Reuters

Special counsel Jack Smith suggests Donald Trump would have been convicted in 2020 election case


Patrick deHahn
  • English
  • Arabic

Special counsel Jack Smith has said in a report that he believes there was enough evidence for US president-elect Donald Trump to be convicted on crimes related to trying to overturn the 2020 election.

But with the Republican's inauguration less than a week away, Mr Smith closed the Justice Department's case due to a long-standing departmental policy against prosecuting a US president.

Mr Trump was indicted in 2023 on four criminal counts of conspiracy to defraud the US, obstructing an official proceeding and conspiracy against citizen rights to have their votes counted.

The Justice Department believes ending the case “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”, the special counsel wrote in a final report released on Tuesday.

“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.”

A photo of the report by special counsel Jack Smith on the election case against Donald Trump. AP
A photo of the report by special counsel Jack Smith on the election case against Donald Trump. AP

Attorney General Merrick Garland appointed Mr Smith in 2022 to serve as a semi-independent special counsel to oversee the various politically sensitive federal investigations into Mr Trump.

Mr Smith's final report covered the two investigations conducted: into Mr Trump's alleged efforts to interfere with the transfer of power after the 2020 election and into his handling of classified documents after his presidency ended.

“As set forth in my report, after conducting thorough investigations, I found that, with respect to both Mr Trump's unprecedented efforts to unlawfully retain power after losing the 2020 election and his unlawful retention of classified documents after leaving office, the principles compelled prosecution,” he wrote.

It is a rare period in American history, with a former president indicted by grand juries over alleged crimes conducted during a first term, but the prospect of timely or even any trials ended due to the president's re-election.

A Supreme Court ruling last summer gave broad immunity for presidents and their actions taken while in office, delaying a possible trial for the election case.

“While I relied greatly on the counsel, judgment and advice of our team, I want it to be clear that the ultimate decision to bring charges against Mr Trump was mine. It is a decision I stand behind fully,” Mr Smith wrote.

He detailed Mr Trump's “unprecedented criminal effort” to “change the results” and “to retain power” after Democrat Joe Biden beat him in the 2020 election.

  • Donald Trump, the president at the time, speaks during a rally protesting the electoral college certification of Joe Biden as president in Washington on January 6, 2021. AP
    Donald Trump, the president at the time, speaks during a rally protesting the electoral college certification of Joe Biden as president in Washington on January 6, 2021. AP
  • A mob loyal to Mr Trump tries to break through a police barrier at the Capitol. AP
    A mob loyal to Mr Trump tries to break through a police barrier at the Capitol. AP
  • The mob waves pro-Trump flags in front of the Capitol building. AP
    The mob waves pro-Trump flags in front of the Capitol building. AP
  • Riot police push back a crowd of rioters at the Capitol building. AFP
    Riot police push back a crowd of rioters at the Capitol building. AFP
  • Trump supporters clash with police and security forces as people try to storm the US Capitol building. AFP
    Trump supporters clash with police and security forces as people try to storm the US Capitol building. AFP
  • Insurrectionists loyal to Mr Trump try to open a door of the US Capitol building as they riot in Washington. AP
    Insurrectionists loyal to Mr Trump try to open a door of the US Capitol building as they riot in Washington. AP
  • US Capitol Police push back rioters trying to enter the US Capitol. AP
    US Capitol Police push back rioters trying to enter the US Capitol. AP
  • Police and rioters confront each other in the Rotunda of the Capitol. US Capitol Police via AP
    Police and rioters confront each other in the Rotunda of the Capitol. US Capitol Police via AP
  • Smoke fills the hallway outside the Senate chamber of the Capitol. AP
    Smoke fills the hallway outside the Senate chamber of the Capitol. AP
  • Insurrectionists loyal to Mr Trump breach the Capitol in Washington. AP
    Insurrectionists loyal to Mr Trump breach the Capitol in Washington. AP
  • Trump supporters, including Doug Jensen, centre, confront US Capitol Police in the hallway outside the Senate chamber at the Capitol. AP
    Trump supporters, including Doug Jensen, centre, confront US Capitol Police in the hallway outside the Senate chamber at the Capitol. AP
  • Newly installed razor wire tops the fence surrounding the US Capitol following the January 6 riot. Reuters
    Newly installed razor wire tops the fence surrounding the US Capitol following the January 6 riot. Reuters
  • Security agents and members of Congress barricade the door to the House chamber as the violent mob breaches the Capitol. AP
    Security agents and members of Congress barricade the door to the House chamber as the violent mob breaches the Capitol. AP
  • Rioter Jacob Chansley holds a sign referencing QAnon as supporters of Mr Trump gather to protest the early results of the 2020 presidential election. Reuters
    Rioter Jacob Chansley holds a sign referencing QAnon as supporters of Mr Trump gather to protest the early results of the 2020 presidential election. Reuters

The special counsel covered how Mr Trump and his supporters tried to organise fake electors and fraudulent certificates to certify the election for him, as well as leaning on state officials to “find” votes and spreading false information about voting results.

He also discussed Mr Trump's pressuring his vice president Mike Pence to certify the election in his favour and how he gave a fiery speech to supporters directly before a violent mob stormed the US Capitol on January 6, 2021.

“In service of these efforts, Mr Trump worked with other people to achieve a common plan: to overturn the election results and perpetuate himself in office,” Mr Smith wrote.

The president-elect, who had pleaded not guilty in the case, commented on the report shortly after it was released overnight, saying he was “totally innocent”.

He accused Mr Smith of working with “Crooked Joe Biden” and of being a “deranged” and “lamebrain prosecutor who was unable to get his case tried before the Election”.

In his report, Mr Smith called accusations by Mr Trump that he was under pressure from Mr Biden and the White House “laughable”.

The special counsel's final comments on the classified documents case, which also included charges on obstruction of justice, remain sealed due to legal proceedings by District Judge Aileen Cannon, who is challenging the basis of releasing the text.

Mr Smith resigned as special counsel last week shortly after filing the final report to his boss, Mr Garland.

  • Boxes of records stored in a bathroom in the Lake Room at Donald Trump's Mar-a-Lago estate in Palm Beach, Florida. AP
    Boxes of records stored in a bathroom in the Lake Room at Donald Trump's Mar-a-Lago estate in Palm Beach, Florida. AP
  • Boxes of records on December 7, 2021, in a storage room at Mar-a-Lago. AP
    Boxes of records on December 7, 2021, in a storage room at Mar-a-Lago. AP
  • Prosecutors outline what the classified documents Mr Trump stored in his boxes include. Department of Justice
    Prosecutors outline what the classified documents Mr Trump stored in his boxes include. Department of Justice
  • Mr Trump is facing 37 felony charges related to the mishandling of classified documents. AP
    Mr Trump is facing 37 felony charges related to the mishandling of classified documents. AP
  • Investigators seized about 13,000 documents from Mr Trump's Florida home last year. AP
    Investigators seized about 13,000 documents from Mr Trump's Florida home last year. AP
  • Classified documents seized during the August 8, 2022, FBI search of Mar-a-Lago. AP
    Classified documents seized during the August 8, 2022, FBI search of Mar-a-Lago. AP
  • Boxes of records that had been stored in the Lake Room at Mar-a-Lago. AP
    Boxes of records that had been stored in the Lake Room at Mar-a-Lago. AP
  • Records being stored on the stage in the White and Gold Ballroom at Mar-a-Lago. AP
    Records being stored on the stage in the White and Gold Ballroom at Mar-a-Lago. AP
  • Court documents show several counts against Mr Trump include maximum prison terms of 20 years. Reuters
    Court documents show several counts against Mr Trump include maximum prison terms of 20 years. Reuters
  • Mr Trump attends an event with supporters at the Westside Conservative Breakfast, in Des Moines, Iowa. AP
    Mr Trump attends an event with supporters at the Westside Conservative Breakfast, in Des Moines, Iowa. AP
  • Anti-Trump demonstrator Nadine Seiler across from the White House on June 9. Reuters
    Anti-Trump demonstrator Nadine Seiler across from the White House on June 9. Reuters
  • The Federal Courthouse in Miami, Florida. Getty / AFP
    The Federal Courthouse in Miami, Florida. Getty / AFP
Key facilities
  • Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
  • Premier League-standard football pitch
  • 400m Olympic running track
  • NBA-spec basketball court with auditorium
  • 600-seat auditorium
  • Spaces for historical and cultural exploration
  • An elevated football field that doubles as a helipad
  • Specialist robotics and science laboratories
  • AR and VR-enabled learning centres
  • Disruption Lab and Research Centre for developing entrepreneurial skills
RESULTS

Women:

55kg brown-black belt: Amal Amjahid (BEL) bt Amanda Monteiro (BRA) via choke
62kg brown-black belt: Bianca Basilio (BRA) bt Ffion Davies (GBR) via referee’s decision (0-0, 2-2 adv)
70kg brown-black belt: Ana Carolina Vieira (BRA) bt Jessica Swanson (USA), 9-0
90kg brown-black belt: Angelica Galvao (USA) bt Marta Szarecka (POL) 8-2

Men:

62kg black belt: Joao Miyao (BRA) bt Wan Ki-chae (KOR), 7-2
69kg black belt: Paulo Miyao (BRA) bt Gianni Grippo (USA), 2-2 (1-0 adv)
77kg black belt: Espen Mathiesen (NOR) bt Jake Mackenzie (CAN)
85kg black belt: Isaque Braz (BRA) bt Faisal Al Ketbi (UAE), 2-0
94kg black belt: Felipe Pena (BRA) bt Adam Wardzinski (POL), 4-0
110kg black belt final: Erberth Santos (BRA) bt Lucio Rodrigues (GBR) via rear naked choke

RESULTS

2pm: Maiden Dh 60,000 (Dirt) 1,400m. Winner: Masaali, Pat Dobbs (jockey), Doug Watson (trainer).

2.30pm: Handicap Dh 76,000 (D) 1,400m. Winner: Almoreb, Dane O’Neill, Ali Rashid Al Raihe.

3pm: Handicap Dh 64,000 (D) 1,200m. Winner: Imprison, Fabrice Veron, Rashed Bouresly.

3.30pm: Shadwell Farm Conditions Dh 100,000 (D) 1,000m. Winner: Raahy, Adrie de Vries, Jaber Ramadhan.

4pm: Maiden Dh 60,000 (D) 1,000m. Winner: Cross The Ocean, Richard Mullen, Satish Seemar.

4.30pm: Handicap 64,000 (D) 1,950m. Winner: Sa’Ada, Fernando Jara, Ahmad bin Harmash.

COMPANY PROFILE
Name: Kumulus Water
 
Started: 2021
 
Founders: Iheb Triki and Mohamed Ali Abid
 
Based: Tunisia 
 
Sector: Water technology 
 
Number of staff: 22 
 
Investment raised: $4 million 
UAE SQUAD

Khalid Essa, Ali Khaseif, Fahad Al Dhanhani, Adel Al Hosani, Bandar Al Ahbabi, Mohammad Barghash, Salem Rashid, Khalifa Al Hammadi, Shaheen Abdulrahman, Hassan Al Mahrami, Walid Abbas, Mahmoud Khamis, Yousef Jaber, Majed Sorour, Majed Hassan, Ali Salmeen, Abdullah Ramadan, Abdullah Al Naqbi, Khalil Al Hammadi, Fabio De Lima, Khalfan Mubarak, Tahnoon Al Zaabi, Ali Saleh, Caio Canedo, Ali Mabkhout, Sebastian Tagliabue, Zayed Al Ameri

Starring: Jamie Foxx, Angela Bassett, Tina Fey

Directed by: Pete Doctor

Rating: 4 stars

SPEC%20SHEET%3A%20APPLE%20IPAD%20(2022)
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COMPANY%20PROFILE
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MATCH INFO

Uefa Champions League semi-final, first leg

Barcelona v Liverpool, Wednesday, 11pm (UAE).

Second leg

Liverpool v Barcelona, Tuesday, May 7, 11pm

Games on BeIN Sports

Tamkeen's offering
  • Option 1: 70% in year 1, 50% in year 2, 30% in year 3
  • Option 2: 50% across three years
  • Option 3: 30% across five years 

The Kites

Romain Gary

Penguin Modern Classics

Ten tax points to be aware of in 2026

1. Domestic VAT refund amendments: request your refund within five years

If a business does not apply for the refund on time, they lose their credit.

2. E-invoicing in the UAE

Businesses should continue preparing for the implementation of e-invoicing in the UAE, with 2026 a preparation and transition period ahead of phased mandatory adoption. 

3. More tax audits

Tax authorities are increasingly using data already available across multiple filings to identify audit risks. 

4. More beneficial VAT and excise tax penalty regime

Tax disputes are expected to become more frequent and more structured, with clearer administrative objection and appeal processes. The UAE has adopted a new penalty regime for VAT and excise disputes, which now mirrors the penalty regime for corporate tax.

5. Greater emphasis on statutory audit

There is a greater need for the accuracy of financial statements. The International Financial Reporting Standards standards need to be strictly adhered to and, as a result, the quality of the audits will need to increase.

6. Further transfer pricing enforcement

Transfer pricing enforcement, which refers to the practice of establishing prices for internal transactions between related entities, is expected to broaden in scope. The UAE will shortly open the possibility to negotiate advance pricing agreements, or essentially rulings for transfer pricing purposes. 

7. Limited time periods for audits

Recent amendments also introduce a default five-year limitation period for tax audits and assessments, subject to specific statutory exceptions. While the standard audit and assessment period is five years, this may be extended to up to 15 years in cases involving fraud or tax evasion. 

8. Pillar 2 implementation 

Many multinational groups will begin to feel the practical effect of the Domestic Minimum Top-Up Tax (DMTT), the UAE's implementation of the OECD’s global minimum tax under Pillar 2. While the rules apply for financial years starting on or after January 1, 2025, it is 2026 that marks the transition to an operational phase.

9. Reduced compliance obligations for imported goods and services

Businesses that apply the reverse-charge mechanism for VAT purposes in the UAE may benefit from reduced compliance obligations. 

10. Substance and CbC reporting focus

Tax authorities are expected to continue strengthening the enforcement of economic substance and Country-by-Country (CbC) reporting frameworks. In the UAE, these regimes are increasingly being used as risk-assessment tools, providing tax authorities with a comprehensive view of multinational groups’ global footprints and enabling them to assess whether profits are aligned with real economic activity. 

Contributed by Thomas Vanhee and Hend Rashwan, Aurifer

Our legal consultants

Name: Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants.

 

 

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US tops drug cost charts

The study of 13 essential drugs showed costs in the United States were about 300 per cent higher than the global average, followed by Germany at 126 per cent and 122 per cent in the UAE.

Thailand, Kenya and Malaysia were rated as nations with the lowest costs, about 90 per cent cheaper.

In the case of insulin, diabetic patients in the US paid five and a half times the global average, while in the UAE the costs are about 50 per cent higher than the median price of branded and generic drugs.

Some of the costliest drugs worldwide include Lipitor for high cholesterol. 

The study’s price index placed the US at an exorbitant 2,170 per cent higher for Lipitor than the average global price and the UAE at the eighth spot globally with costs 252 per cent higher.

High blood pressure medication Zestril was also more than 2,680 per cent higher in the US and the UAE price was 187 per cent higher than the global price.

MATCH INFO

Crawley Town 3 (Tsaroulla 50', Nadesan 53', Tunnicliffe 70')

Leeds United 0 

All the Money in the World

Director: Ridley Scott

Starring: Charlie Plummer, Mark Wahlberg, Michelle Williams, Christopher Plummer

Four stars

What drives subscription retailing?

Once the domain of newspaper home deliveries, subscription model retailing has combined with e-commerce to permeate myriad products and services.

The concept has grown tremendously around the world and is forecast to thrive further, according to UnivDatos Market Insights’ report on recent and predicted trends in the sector.

The global subscription e-commerce market was valued at $13.2 billion (Dh48.5bn) in 2018. It is forecast to touch $478.2bn in 2025, and include the entertainment, fitness, food, cosmetics, baby care and fashion sectors.

The report says subscription-based services currently constitute “a small trend within e-commerce”. The US hosts almost 70 per cent of recurring plan firms, including leaders Dollar Shave Club, Hello Fresh and Netflix. Walmart and Sephora are among longer established retailers entering the space.

UnivDatos cites younger and affluent urbanites as prime subscription targets, with women currently the largest share of end-users.

That’s expected to remain unchanged until 2025, when women will represent a $246.6bn market share, owing to increasing numbers of start-ups targeting women.

Personal care and beauty occupy the largest chunk of the worldwide subscription e-commerce market, with changing lifestyles, work schedules, customisation and convenience among the chief future drivers.

Updated: January 14, 2025, 4:44 PM