On Monday, Judge Aileen Cannon ruled that she would not block the release of Special Counsel Jack Smith’s report on his investigation into Donald Trump and his efforts to overturn the 2020 election. However, Cannon scheduled a hearing later this week regarding Attorney General Merrick Garland’s plan to share the portion of Smith’s report concerning the classified documents investigation with certain lawmakers. In the meantime, she is maintaining a hold on the release of that section to anyone outside the Justice Department.
This latest development in the ongoing legal battle marks a significant turn in the Justice Department’s preparations to conclude its investigations into Trump ahead of his upcoming inauguration, while also raising concerns about transparency for Congress and the public. Historically, the department has released the final reports from special counsel investigations into sitting presidents, even during their time in office. However, Trump’s legal team has mounted a continuous effort to delay the publication of the report related to January 6 and has paused even partial disclosures of the classified documents investigation.
Trump has appointed several members of his legal defense team to roles in his incoming administration.
Judge Cannon’s Monday order continues to block the release of the classified documents section of the report, citing her reluctance to proceed based on a “generalized interest” from lawmakers without a full briefing and hearing. Garland had intended to allow bipartisan leaders from the House and Senate Judiciary Committees to review the classified section privately, provided they did not disclose its contents.
Garland has expressed his intention to release the special counsel’s report on the election aftermath before Trump is sworn in next Monday. The Justice Department did not immediately respond to a request for comment.
A previous court order blocking the release of both sections of the report is set to expire at midnight Monday, meaning the department could release the portion on the election case as early as Tuesday, unless another legal challenge arises.
It remains uncertain whether Trump or his co-defendants will appeal the decision to a higher court. The 11th U.S. Circuit Court of Appeals had already rejected their earlier request to prevent the report’s publication.
Following the ruling, Trump criticized Smith on social media, calling his involvement in the investigation “illegitimate” and claiming the government’s spending on the probe was “wasted.”
In the election subversion case, Smith alleged that Trump and several unindicted co-conspirators engaged in a multi-stage effort to disrupt the peaceful transfer of power, culminating in the January 2021 assault on the U.S. Capitol. That case faced delays due to a Supreme Court ruling last summer and was ultimately dropped after the 2020 election.
In the Mar-a-Lago documents case, Trump faces charges related to mishandling national defense information he took from the White House, along with accusations of obstructing the federal investigation into the documents’ whereabouts. Two of his employees, Walt Nauta and Carlos De Oliveira, were also charged.
Trump’s legal team has argued that Cannon’s previous decision, which found Smith’s appointment as special counsel unconstitutional, prevents Garland from releasing the report on both investigations. Since the ruling is still under appeal, they contend that releasing the report could prejudice the defendants if the case is revived. Trump was dismissed from the case after his re-election bid.
