Washington — The Justice Department on Wednesday urged a federal appeals court in Atlanta to clear the way for the release of a portion of special counsel Jack Smith's report detailing its investigation of President-elect Donald Trump.
in court documents filed Along with the 11th Circuit Court of Appeals, the government wrote that Attorney General Merrick Garland has decided not to release the volume of Smith's report that pertains to the classified documents case until co-defendants Walt Nauta and Carlos D. Criminal proceedings involving Oliveira are ongoing. pending.
However, Garland plans to deliver the first section of Smith's report to Congress and the public, which relates to his investigation and prosecution of Trump arising from the 2020 presidential election.
Prosecutors wrote, “Since the Attorney General has decided not to release section two of the final report to the public while the defendants' case is pending – this section relates to the proceedings against the defendants – the injunction is unnecessary.”
The filing responded to an effort by Trump's former co-defendants, aide Nauta and former Mar-a-Lago employee De Oliveira, to block the release of the report. They argued that the release of the special counsel's report would adversely affect their cases as their cases would continue to be appealed.
Defense attorneys earlier this week simultaneously petitioned the appeals court and Judge Aileen Cannon, who oversaw and dismissed the Trump classified documents case, to block Smith and Garland from publicly releasing a summary of the special counsel's findings. Asked for. Cannon issued an order Tuesday temporarily blocking the Justice Department from publishing the report until the case is decided by the 11th Circuit.
The ongoing lawsuit is part of an effort by Trump and his allies to prevent federal prosecutors from releasing the contents of Smith's report. Smith revealed that he had prepared a two-volume report to present to the Attorney General. Garland promised to release to the public all special counsel reports completed during his tenure and has so far stuck to that promise, including the investigation into President Biden's handling of classified records.
Smith led two now-closed investigations into the President-elect, one related to his alleged efforts to oppose the peaceful transfer of power and overturn the results of the 2020 presidential election and the other based on allegations that Trump Illegally maintained sensitive government records after his departure. Office in 2021. The investigation resulted in criminal charges against Trump, which have been dismissed. Trump initially pleaded innocent and denied all wrongdoing.
Trump's lawyers urged Garland to remove Smith from his post and block release of the report, according to a letter included in court documents on Monday.
“Because Smith has proposed unlawful action, you should cancel his plan and remove him immediately. If Smith is not removed, consistent with his expressed wishes, his report will be disposed of by President Trump's incoming attorney. Gen. people,” Trump's lawyers wrote.
In the classified documents case, Trump was charged with Nauta and de Oliveira in an alleged scheme to obstruct the federal investigation. Both men pleaded not guilty.
Smith ultimately dropped his bid to prosecute Trump, citing Justice Department rules that prevent prosecuting a sitting president. But he chose to continue appealing Canon's decision to dismiss the case against Nauta and de Oliveira in order to overturn the finding that the special counsel was unlawfully appointed.
As a result, the defendants sought to block the release while the case proceeded.
During a press conference on Tuesday, Trump slammed Smith as a “bad guy” and praised Cannon, whom he appointed to the federal bench during his first term, as a “brilliant judge.”