Washington – A federal judge on Monday cleared the way for the Justice Department to release one of the two volumes that make up special counsel Jack Smith's final report, detailing the investigation into President-elect Donald Trump.
US District Judge Aileen Cannon rejected Trump aide Walt Nauta and former Mar-a-Lago property manager Carlos de Oliveira wrote in a request to block the release of Smith's final report, writing, “The Court finds insufficient grounds to grant emergency injunctive relief.” Volume I.”
A federal appeals court separately declined to block the release of the report after Canon last week issued a temporary order to prevent the Justice Department from making it public. His order remains in force till 12 midnight on Tuesday.
Federal prosecutors have said in court filings that the first section of Smith's report relates to the investigation of Trump's alleged efforts to disrupt the transfer of power after the 2020 election. The second involves allegations that the president-elect retained classified documents after the end of his first term in 2021.
Attorney General Merrick Garland has said he will not publicly release the second part of the report on the document case, as the proceedings involving Nauta and de Oliveira continue. De Oliveira's attorney, John Irving, declined to comment on Canon's decision.
His five page decisionCanon wrote that its “authority to enforce judgments” is “limited” to the classified documents case. The case related to the 2020 election was brought in Washington, DC, and was overseen by a different judge.
Nevertheless, Cannon said there are outstanding legal issues over the Justice Department's proposed plan to provide some members of Congress access to another volume of the report. Defense teams have written against that limited release, arguing that doing so could pose a risk of leaks.
He scheduled a hearing for Friday in his courtroom in Fort Pierce, Florida, to consider that motion.
Canon wrote that releasing the second volume of the report on a limited basis, “risks irreversibly and substantially impairing the legal rights of the defendants in this criminal proceeding. It would amount to a gamble based on the generalized interest of court members.” Not ready.” Congress, at least not without a full briefing and hearing on the subject.”
He said the government “has presented no justification to support the suggestion” that the second volume should be released to Congress now rather than “after a reasonable period for prompt hearing and judicial deliberations on the subject.”
Jack Smith reports
Cannon's decision is the latest in a fast-moving legal battle over Smith's report, which is underway just days before Trump is sworn in for a second term. Once the President-elect returns to the White House on January 20, it is highly unlikely that the special counsel's report will be released publicly.
Blacksmith resigned his post last Friday as special counsel, and Justice Department prosecutors are now overseeing all ongoing cases arising from his investigation. Smith's two investigations and prosecutions of Trump have been dropped due to his victory in the November presidential election.
As is required of special counsel, the special counsel prepared and submitted a final report to the Attorney General last week. Garland vowed to make public all special counsel reports completed while he was Attorney General, and has followed through on that pledge so far, including after President Biden's investigation Management of classified documents.
But Nauta and de Oliveira are fighting to keep the report hidden from the public. Both were charged with allegedly obstructing the investigation into Trump's handling of classified documents. While Canon dismissed the case against them on the grounds that the special counsel was appointed unconstitutionally, federal prosecutors are appealing his decision as it relates to Nauta and de Oliveira.
Defense lawyers argued that disclosing the report to the public would have an undue influence on potential future criminal proceedings against him. Defense lawyers last week asked the 11th Circuit and Canon to block the Justice Department from releasing the report.
cannon temporarily halted The issue was resolved by the release of the report by the 11th Circuit. The appeals court rejected Nauta and de Oliveira's request to keep Smith's report secret, but Canon's order remained in place.
Federal prosecutors told the 11th Circuit that Garland will not release the portion of Smith's report that documents the case while proceedings involving two co-defendants continue, but they did disclose the first section related to the 2020 election case. Have planned to do. He said he would make the redacted version of the second section available for review only by top lawmakers on the House and Senate Judiciary committees, and only if they agreed not to share information from it.
“This limited disclosure will further the public interest in making congressional leadership aware of an important matter within the Department while protecting the interests of the defendants,” prosecutors wrote.
The Justice Department further told the district court filed On Sunday that “the Volume One classified document makes two references to the case, without reference to either defendant Nauta or de Oliveira, any of their conduct, any evidence against them, or the charges against them.”
Last week, Garland informed MPs said Smith had completed his investigation and submitted a two-volume report. The Attorney General reiterated his intention to make the first section public “to further the public interest in informing the co-equal branch and the public about this important matter” but “to avoid any risk of prejudice.” “Will not release the second volume. To Nauta and de Oliveira.
Although Trump is not a party before the 11th Circuit, his lawyers have submitted an application Brief description of friend of the court The 11th Circuit was urged to block the release of Smith's report.
He claimed that the report, “is nothing less than yet another political effort whose sole purpose is to disrupt the presidential transition and undermine President Trump's exercise of executive power.”