A recent ruling by a federal judge has temporarily halted the public announcement of special counsel Jack Smith’s report concerning investigations related to Donald Trump. This decision comes as an appeals court is currently reviewing a challenge to the release of this crucial document, just days before Trump is expected to return to office.
U.S. District Judge Aileen Cannon’s ruling could be seen as a brief gain for Trump, reflecting her history of rulings that align with Republican interests. The decision followed an emergency appeal from Trump’s legal team who argued that the report would present a biased and unfair perspective. In light of Cannon’s order, Trump voiced his grievances at a news conference, labeling Smith’s investigation as fraudulent and referring to the expected report as “fake.”
The future actions of the Justice Department remain uncertain following Cannon’s decision. The agency has established its own protocols regarding special counsels and the reports expected at the conclusion of their inquiries. Smith’s report is anticipated to detail the prosecutor’s charging decisions across two investigations: one related to Trump’s alleged mishandling of classified documents at his Mar-a-Lago residence in Palm Beach, Florida, and the other concerning his attempts to overturn the outcome of the 2020 presidential election leading up to the January 6 Capitol riot.
Cannon did not differentiate between the inquiries in her ruling, enforcing a blanket prohibition on the release of any details from the report until a resolution is reached by the 11th U.S. Circuit Court of Appeals. Smith’s team indicated they plan to respond to the appeals court regarding this matter.
In previous legal battles, Trump faced charges alongside two co-defendants related to the classified documents case, which Cannon dismissed in July, arguing that Smith’s appointment lacked legal foundation. Additionally, Trump was implicated in an election interference case, which was notably narrowed down by a Supreme Court ruling concerning presidential immunity. After Trump secured his presidential victory in November, Smith’s team chose to withdraw from both cases, adhering to a Justice Department rule limiting the prosecution of sitting presidents.
Lawyers representing Trump, including Todd Blanche, who was nominated by Trump as deputy attorney general, publicly appealed to Attorney General Merrick Garland to prevent the report’s release and to expedite Smith’s removal from office. Blanche’s letter employed rhetoric echoing Trump’s previous criticisms, asserting that the publication of Smith’s confidential report would be an unlawful political maneuver aimed at harming Trump and would unjustifiably use taxpayer funds spent on investigations deemed ineffective.
This letter formed part of an emergency filing made late Monday evening, which also included pleas from Trump’s co-defendants, Walt Nauta and Carlos De Oliveira, to block any report release, citing the ongoing appeal of their dismissed charges and the potential for harmful information to surface.
In a quick response, Smith’s team communicated their intentions to file the report with Garland by that afternoon, indicating that information concerning the classified documents investigation wouldn’t be publicly available before 10 a.m. on Friday.
According to Justice Department guidelines, special counsels are required to compile a confidential report for the attorney general at the end of their investigations, leaving the decision on public disclosure to the attorney general. Garland has previously released full reports from special counsels he has overseen, including those regarding another president’s handling of classified information and an investigation into election interference by the FBI.
