Judge blocks release of Jack Smith's special counsel report about Trump criminal cases

WASHINGTON – A federal judge ordered Justice Department special counsel Jack Smith not to publicly release his report on the investigation of President-elect Donald Trump until after she has a chance to consider arguments about the report on charges that have been dismissed.

U.S. District Judge Aileen Cannon ordered Attorney General Merrick Garland and Smith not to release or share the report or any drafts outside the Justice Department unless an appeals court rules differently.

Trump welcomed Cannon's decision about what he called a "fake report" by noting that Cannon had dismissed the charges by ruling that Smith was appointed and funded illegitimately. He called the investigation a "witch hunt" and Smith "deranged" and a "disgrace."

“If they’re not allowed to issue the report, that’s the way it should be," Trump said. "That’s great news."

Trump appointed Cannon in 2020.

Smith's report is expected to provide the fullest description yet about the investigation that led to two federal indictments against Trump, one for allegedly conspiring to overturn the 2020 election and the other for allegedly mishandling classified documents after leaving the White House.

A public release of the potential bombshell report could come within days. But a court battle over whether to release the report will play out over the remaining two weeks before Trump returns to the White House on Jan. 20.

Dispute over releasing the report moves to federal appeals court

Judges dismissed both cases against Trump at Smith’s request under longstanding Justice Department policy against prosecuting sitting presidents. Neither case could be concluded before Trump starts his second term as president.

But Trump's co-defendants in the classified documents case, Walt Nauta and Carlos De Oliveira, continue to fight the legitimacy of Smith's appointment at the 11th U.S. Circuit Court of Appeals.

Nauta and De Oliveira also asked the appeals court to order Smith and the Justice Department not to release the report as prejudicial to their pending case. The appeals court set a deadline of 10 a.m. Wednesday for the government to respond.

Mark Freeman, a Justice Department lawyer in the civil division, filed to represent the government in the dispute because Smith had already turned over the case to the U.S. attorney's office in southern Florida, where the indictment was originally filed, after the case against Trump was dismissed.

Why is special counsel Jack Smith preparing a final report?

Special counsels typically write reports explaining their investigations and the decisions about whether to bring charges. Special counsel Robert Mueller’s report released in April 2019 about the investigation into Russian interference caused another firestorm because of his decision not to consider charges against Trump as a sitting president.

Smith acknowledged in a court filing Monday that he has prepared a two-volume report, one for each of Trump’s two federal indictments. The report is being “finalized” and Garland would not release the report before Friday at 10 a.m., Smith wrote. Smith said he could transmit the report to Garland after 1 p.m. Tuesday.

But Trump asked Garland on Monday to halt Smith’s preparation and release of the report. Nauta and De Oliveira asked the same of Cannon. Smith had said he would reply formally to the request by 7 p.m. Tuesday, but Cannon ruled before he filed.

Nauta and De Oliveira, who were staffers at Trump’s home at Mar-a-Lago, where they were charged with conspiring to hide classified records, argued they could still face charges after Trump’s dismissal of the case. Smith’s report “promises to be a one-sided, slanted report” that has “a single purpose: convincing the public that everyone Smith charged is guilty of the crimes charged,” Nauta and De Oliveira argued.

Trump also asked to participate in the Florida arguments.

“As a former and soon-to-be President, uniquely familiar with the pernicious consequences of lawfare perpetrated by Smith, his Office, and others at DOJ, President Trump should be permitted to participate in these proceedings,” Trump’s lawyers wrote.

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Trump claims 'exoneration' while Cheney says 'truth must prevail'

In a letter to Garland, Trump’s lawyers argued that the dismissal of the cases represented “Trump’s complete exoneration,” but that Smith’s report would “perpetuate false and discredited accusations.” The lawyers argued that the release of the report would be “both imprudent and unlawful.”

Garland declined to comment.

Former Rep. Liz Cheney, R-Wyo., who helped lead the congressional investigation of the Capitol attack on Jan. 6, 2021, said Garland has a duty to release the report and “prevent its evidence from being destroyed.” Smith's team obtained testimony and evidence from Trump's advisers including former Vice President Mike Pence, she said.

“The truth must prevail,” Cheney wrote on X.

Trump was indicted in federal court in Washington on charges he conspired to overturn the 2020 election with baseless claims of widespread fraud. He was also charged with obstructing Congress from counting Electoral College votes on Jan. 6, 2021, when a riot of his supporters at the Capitol temporarily halted the count.

U.S. District Judge Tanya Chutkan dismissed the case at Smith’s request after Trump won the November election.

Trump was also indicted in Florida on charges he unlawfully retained national defense documents after leaving the White House at the end of his first administration. FBI agents found more than 100 classified documents during a search of Mar-a-Lago in August 2022.

After Cannon dismissed the charges, Smith appealed to the 11th Circuit but the court dismissed the appeal dealing with Trump at Smith's request after the election.

Nauta and De Oliveira asked the appeals court to return jurisdiction over the case to Cannon so she can hear their arguments. Cannon said her ruling would stand unless the appeals court rules differently.

(This article has been updated with new information.)

This article originally appeared on USA TODAY: Judge blocks release of special counsel report about Trump's cases