The Justice Department is urging a federal appeals court to swiftly overturn a ruling that prevented the public release of special counsel Jack Smith’s investigative report concerning President-elect Donald Trump.

This emergency motion, filed late Friday, marks another chapter in the ongoing legal struggle over the potential public disclosure of parts of Smith’s report prior to Trump’s inauguration on January 20. There is growing concern that once Trump assumes office, members of his legal team, who may take on significant roles within the administration, could hinder the report’s release.

The department aims to unveil one component of the two-volume report in the near future, which scrutinizes Trump’s attempts to challenge the outcome of the 2020 presidential election against Democrat Joe Biden. However, it has stated that it will withhold publication of another volume focused on alleged mishandling of classified documents at Trump’s Mar-a-Lago estate in Florida until related criminal cases involving two associates of Trump are resolved.

Both inquiries led to Trump being indicted, but the special counsel’s team paused these legal actions in November following Trump’s electoral victory, in accordance with a Justice Department guideline that discourages prosecuting a sitting president.

On Thursday, the 11th U.S. Circuit Court of Appeals in Atlanta denied a request for emergency protection against releasing the election interference report. This report outlines Trump’s attempts to overturn the 2020 election results before the January 6 Capitol riot. The appeals court upheld an injunction imposed by Judge Aileen Cannon, a Trump appointee, which stipulated that no findings could be made public until three days after the appeals court resolved the issue.

Following this, attorneys representing Trump’s co-defendants, Walt Nauta and Carlos De Oliveira, sought an extension of Cannon’s injunction and asked for a hearing regarding their motion to prevent the report’s release.
In response, the Justice Department called for the appeals court to nullify Cannon’s injunction entirely. Their filing emphasized that Cannon’s decision not only stalls the election interference report’s release but also prohibits sharing the classified documents report with leaders of the Judiciary committees in both the House and Senate.
The Department labeled Cannon’s ruling as distinctly flawed, asserting, “The Attorney General is the Senate-confirmed head of the Department of Justice and is vested with the authority to supervise all officers and employees of the Department.” It continued by stating that the Attorney General holds the power to determine the release of investigative reports generated by department staff.

Justice Department protocols stipulate that special counsels must draft reports upon conclusion of their investigations, and it’s largely standard practice for such reports to be publicly accessible, regardless of their contents.

Historical context includes the previously released special counsel report by William Barr, the attorney general during Trump’s first term, which investigated Russian meddling in the 2016 presidential election and possible connections to the Trump campaign. Similarly, Attorney General Merrick Garland, under President Biden, has also published special counsel reports, notably regarding Biden’s management of classified information prior to his presidency.