WASHINGTON — The Justice Department announced on Wednesday that it plans to unveil the findings from special counsel Jack Smith concerning Donald Trump’s attempts to overturn the 2020 presidential election. However, details pertaining to the investigation regarding the former president’s possession of classified documents at his Mar-a-Lago estate will remain confidential for the time being.
This announcement came during a federal appeals court hearing that was reviewing a defense appeal aimed at preventing the release of the two-volume report. This report relates to charges against two co-defendants of Trump who are accused of unlawfully retaining classified materials in Florida. Aileen Cannon, the judge appointed by Trump overseeing the classified documents case, granted a temporary hold on the report during a ruling made on Tuesday.
The Justice Department has confirmed its intention to move forward with the publication of the first volume that addresses the election interference case. Conversely, the section concerning the classified documents will only be accessible to the chairmen and ranking members of the Judiciary Committees in both the House and Senate for their private consideration while the charges against Trump’s associates—Walt Nauta, his valet, and Carlos De Oliveira, the manager of Mar-a-Lago—remain unresolved.
“The proposed limited disclosure aims to keep congressional leaders informed on a significant Departmental issue while also protecting the rights of the defendants,” the court filing cited.
This action reduces the chances that the classified documents investigation report, which has previously posed the most significant legal threat among various inquiries against Trump, will ever be unveiled. It is anticipated that the Trump administration might refrain from making the report public even after the cases against Nauta and De Oliveira have concluded.
The attorneys representing Nauta and De Oliveira opposed the plan put forth by the Justice Department, submitted a counter-filing that urged the appellate court to return the case to Judge Cannon for further consideration. They expressed serious concerns that disclosing the report to members of Congress could result in leaks and argued that it improperly shifts the responsibility of managing information related to a criminal trial from the district court to the prosecution—a party that may have biases in favor of a specific narrative of guilt.
Trump has vocally denied any wrongdoing and has criticized Smith harshly. During a comprehensive press conference at Mar-a-Lago in Palm Beach, Florida, he remarked, “It’ll be a fake report just like it was a fake investigation.”
At present, it remains uncertain when the report on election interference will become available. The Justice Department is appealing Cannon’s ruling, which temporarily blocked the release of the full report, requesting the Atlanta-based U.S. Court of Appeals for the 11th Circuit to overturn her decision. They have indicated that the Supreme Court may also be called to intervene in the matter.
In its submission, the Justice Department emphasized that the Attorney General holds clear authority to publish the section concerning election interference from the special counsel’s report and contended that Trump’s co-defendants lack a legitimate claim to obstruct the disclosure of unrelated findings.
The report is anticipated to outline critical findings and detail the reasoning behind the prosecutorial decisions made by Smith within his two investigations.
Judge Cannon had earlier dismissed the classified documents investigation in July, claiming that Smith’s appointment was unlawful. Smith is still appealing the dismissal of charges against Nauta and De Oliveira, who are also facing accusations related to obstruction. Their lawyers maintain that releasing the report during ongoing proceedings could be both prejudicial and unjust.
The election interference case was substantially constrained by a Supreme Court decision affirming presidential immunity, which stipulated that former presidents enjoy considerable protection from legal prosecution. This ruling significantly diminished the chances that Trump would be tried before the upcoming November election.
Following Trump’s presidential win, Smith’s team halted both investigations in November, citing a Justice Department guideline that bars federal prosecutions against sitting presidents. According to Justice Department protocols, special counsels designated by the Attorney General are required to draft a confidential report at the conclusion of their inquiries, leaving it to the Attorney General to determine what parts of the report, if any, should be made public.
Attorney General Merrick Garland has fully released reports from special counsels during his tenure, including a report by Robert Hur regarding classified materials management by President Joe Biden and John Durham’s findings on the FBI’s investigation into Russian election interference.
The court request from Nauta and De Oliveira to block the report involved a letter from Trump’s legal team, including Todd Blanche, who has been selected as Trump’s deputy attorney general, echoing similar sentiments. Blanche cautioned Garland that any disclosure of the confidential report, purportedly developed by a private individual acting as a prosecutor, would amount to an unlawful political maneuver aimed at undermining President Trump and justifying the significant taxpayer funds spent by Smith in connection with cases that have since been dismissed.
