A federal judge Aileen Cannon has authorized the release of the first volume of Special Counsel Jack Smith’s final report, which details investigations into President-elect Donald Trump.
U.S. District Judge Aileen Cannon dismissed a request from Trump’s aide, Walt Nauta, and former Mar-a-Lago property manager, Carlos de Oliveira, to prevent the report’s publication, stating that there was insufficient justification for an emergency injunction regarding Volume I.
The decision comes after a federal appeals court also declined to halt the report’s release, following Cannon’s temporary order that had previously restricted the Justice Department from making the document public. This order will remain in effect until midnight on Tuesday.
According to federal prosecutors, the first volume of Smith’s report focuses on the investigation into Trump’s alleged attempts to undermine the transfer of power following the 2020 presidential election. The second volume addresses claims that Trump retained classified documents after his first term ended in 2021.
Attorney General Merrick Garland has indicated that the second part of the report will not be released publicly due to ongoing legal proceedings involving Nauta and de Oliveira. John Irving, de Oliveira’s attorney, chose not to comment on Cannon’s ruling.
In her five-page ruling, Cannon emphasized that her jurisdiction is limited to the classified documents case, which is distinct from the 2020 election investigation that is being handled by a different judge in Washington, D.C.
Despite this, she acknowledged that there are unresolved legal matters concerning the Justice Department’s plan to grant select members of Congress access to the second volume of the report. Defense attorneys have raised concerns that such a limited release could lead to leaks.
Cannon has scheduled a hearing for Friday in her Fort Pierce, Florida courtroom to discuss the government’s proposal further. In her ruling, she expressed concern that releasing the second volume, even in a restricted manner, could “irreversibly and substantially impair” the legal rights of the defendants involved in the criminal case.
She stated that the court is not prepared to take that risk based solely on a generalized interest from Congress members, especially without a thorough briefing and hearing on the matter.
Cannon pointed out that the government has not provided adequate justification for the immediate release of the second volume to Congress, suggesting that it could wait for a reasonable period to allow for expedited hearings and judicial review.
As the legal proceedings continue, the implications of the report’s release and the ongoing investigations into Trump remain a focal point of national interest.
Background:
Special Counsel Jack Smith has completed his final report regarding the investigation into former President Donald Trump’s efforts to overturn the 2020 election. While the specifics of the report remain unclear, it is expected to address Smith’s prosecutorial decisions and may contain significant revelations.
Trump’s legal team has indicated in court documents that the report is critical of both Trump and potential members of his incoming administration, suggesting it includes evidence not previously disclosed to the public.
Smith’s investigation has already unveiled numerous details through prior court filings, particularly in a comprehensive document released in October. The Special Counsel has accused Trump of unlawfully attempting to overturn the election results and promoting false claims of election fraud, despite being aware of their inaccuracy.
Prosecutors allege that Trump fabricated these claims and planned to declare victory before the election occurred. Additionally, they have highlighted Trump’s actions during the January 6 Capitol riot, asserting that he watched the events unfold on television from the White House and showed little concern for then-Vice President Mike Pence’s safety, even after pressuring Pence to block the certification of the election results.
Following the completion of his report, Smith resigned from the Justice Department. The release of the report has sparked debate, particularly after Trump’s co-defendants in a related documents case sought to prevent its public disclosure, fearing it could negatively impact their defense.
A federal judge, Aileen Cannon, initially sided with the co-defendants, delaying the report’s release until the 11th Circuit Court could rule on the matter. However, Cannon later denied their request to extend the delay, stating that only minimal references to the documents case were included in the election report. Cannon has faced criticism for her perceived leniency towards Trump in the ongoing legal proceedings.
