In the months following the January 6, 2021, attack on the U.S. Capitol, the FBI began investigating a tip that Donald Trump may have met with members of the Proud Boys, a far-right group involved in the violence of that day. This was part of the Justice Department's largest investigation ever. At the time, Trump’s political influence was at its lowest, with many Republican lawmakers distancing themselves from him due to his role in inciting the riot.
The Justice Department and the FBI focused on potential connections between Trump and the Proud Boys, especially in the weeks leading up to the Capitol attack. Investigators spent significant time analyzing call records, interviewing individuals, and exploring financial links between Trump and groups behind the “Stop the Steal” rallies. They also examined a so-called "war room" at the Willard Hotel in Washington, where Trump’s allies, including Steve Bannon, planned efforts to overturn the election. However, these leads eventually proved unfruitful, as no direct criminal links to Trump emerged.
Despite public attempts to challenge the results of the 2020 election, investigators faced an uphill battle, with time running out. As Trump’s political comeback began with the start of his presidential campaign, critics of Attorney General Merrick Garland’s Justice Department began accusing the department of missing its opportunity to prosecute him. Many felt that the failure to act in 2021, labeled as the "lost year," allowed Trump to regain momentum and divide the nation.
Some within the department defended Garland’s approach, emphasizing that investigations must follow the evidence wherever it leads, regardless of political considerations. Critics, however, argued that the department failed to be strategic, with one former official stating that the year was wasted chasing unproductive leads.
The legal process became even more complicated due to issues like executive privilege, immunity claims, and constitutional concerns. Top officials knew an unprecedented prosecution would take years, especially given the unique circumstances of prosecuting a former president. However, others believed the department needed to act swiftly, given the political calendar.
It wasn’t until the summer of 2023, two and a half years after January 6, that Special Counsel Jack Smith brought criminal charges against Trump. These charges, related to conspiring to defraud the U.S. and obstruct an official proceeding, were the culmination of extensive investigation, but some officials felt these charges could have been filed much earlier.
Trump’s legal team continuously delayed the process, employing tactics like asserting executive privilege and immunity to stall proceedings. The U.S. Supreme Court’s rulings on these matters significantly delayed the case, leading to months of stagnation.
By 2024, as the election season approached, the case continued to hang in the balance. Despite the prosecution’s belief that the core charges still held, the legal team had to prepare for the possibility that Trump’s immunity claims could prevent further action during his presidential campaign.
As Trump won the Republican nomination, prosecutors were faced with the reality that the case may be dismissed due to long-standing legal policies regarding presidential immunity. The prosecution had little time to proceed before Trump’s inauguration, and despite arguments for continuing the case, the judge ruled in favor of dismissing it. This dismissal was "without prejudice," meaning it could be reopened at a later date, though the expiration of the statute of limitations during Trump’s term essentially ended the case.