Judge Aileen Cannon allowed the Department of Justice (DOJ) on Monday to release the first part of special counsel Jack Smith’s report on his Trump cases.
Cannon denied an effort by President-elect Donald Trump’s former classified documents case co-defendants to block release of the report’s first volume, which covers Smith’s investigation relating to the 2020 election.
The DOJ cannot yet release the second volume of Smith’s report addressing the classified documents case. Cannon scheduled a hearing on the issue for Friday afternoon.
“All parties also appear to agree that public release of Volume II would be inconsistent with the fair trial rights of Defendants Nauta and De Oliveira and with Department of Justice Policy governing the release of information during the pendency of criminal proceedings,” Cannon wrote. “Despite these concerns, the United States seeks permission to make a ‘limited disclosure’ of Volume II to congressional leadership, citing ‘public interest in keeping congressional leadership apprised of a significant matter within the Department while safeguarding defendants’ interests.’”
Smith resigned from the DOJ on Friday, according to a court filing. The DOJ already indicated in prior filings that Smith handed off his report to Attorney General Merrick Garland.
Both of the cases against Trump were dismissed after he won the 2024 election.
The Eleventh Circuit Court of Appeals declined to prevent the report’s release last week, but left in place Cannon’s temporary order blocking the release of volume one.
In an amicus brief filed with the appeals court on Wednesday, Trump’s attorneys argued Garland could not “issue a report of an unconstitutionally appointed and funded Special Counsel.”
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