DOJ says judge was 'plainly' wrong to block Trump election interference report
The Justice Department filed an emergency motion late Friday pushing for the speedy release of special counsel Jack Smith's investigative report on President-elect Donald Trump's alleged effort to overturn the 2020 election results as the clock ticks down until the Republican returns to the White House.
The move comes after an Atlanta-based federal appeals court on Thursday cleared the way for Smith report, though it did leave in place an injunction that means it can't be made public until Sunday at the earliest. U.S. District Judge Aileen Cannon had blocked Smith's report from coming out in a ruling the Justice Department called "plainly erroneous" in its recent motion.
Cannon ruled that, if her decision was overturned, the report could come out three days later, meaning it could be released as soon as Sunday. But the Justice Department's request on Friday asked the 11th Circuit U.S. Court of Appeals to allow for the report's immediate release.
Trump can also still appeal to the Supreme Court, a move that could further delay the Smith report with the clock ticking until Inauguration Day on Jan. 20. Trump has blasted the report as "fake" and the investigation a "witch hunt." Trump's nominees to lead the Justice Department include several members of his current and former personal legal teams.
Attorney General Merrick Garland told lawmakers earlier this week that the Justice Department would release the first part of Smith's investigation, which covers Trump's alleged attempts to subvert the 2020 election, but only “when permitted by the court to do so."
A second report - on Trump's alleged mishandling of classified documents - wouldn't be released so long as federal charges stand against Walt Nauta and Carlos De Oliveira, Trump's personal body man and the property manager of his Mar-a-Lago resort and former co-defendants in the case, according to government lawyers. Cannon's ruling on Tuesday blocked that report's release because Nauta and De Oliveira said it could influence their own active criminal cases.
More: Judge blocks release of Jack Smith's special counsel report about Trump criminal cases
Garland tells Congress he will release part of Smith's investigation
Trump's election victory in November nullified the two federal indictments brought against him since sitting presidents cannot be prosecuted, according to long-standing Justice Department policy. But Garland told Congress on Wednesday that releasing the first part of the report is lawful and "in furtherance of the public interest."
If released, the report would reveal the evidence that led the Justice Department to charge Trump with election interference and mishandling of classified documents.
In a letter to Garland, Trump's lawyers said the dropped charges were a "complete exoneration" of the president-elect. They called the release of Smith's report "imprudent and unlawful" and said it would "perpetuate false and discredited accusations.”
Trump was indicted for allegedly trying to overturn the 2020 election through his false claims of voter fraud. He was also charged with obstruction of Congress in trying to block certifying Joe Biden's victory when the Republican's supporters stormed the U.S. Capitol building on Jan. 6, 2021. The federal judge overseeing that case dismissed the charges at Smith's request in November after Trump's White House win.
This article originally appeared on USA TODAY: Justice Department pushes court to speed up release of Trump report