AG intends to release part of Trump charges report
By: Bart Jansen
USA today
WASHINGTON - Attorney General Merrick Garland intends to release part of special counsel Jack Smith's report about election interference charges against President-elect Donald Trump before he takes office, even though the charges were dismissed.
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But the government will withhold part of the report about classified documents, the Justice Department announced Wednesday. [01/08/2025]
.... A federal judge blocked the release of the entire report Tuesday, [01/07/2025] based on a request from two of Trump's co-defendants in the classified-documents case. But government lawyers argued in a filing at the 11th U.S. Circuit Court of Appeals that the restriction on the portion of the report to about election interference charges was unnecessary and unjustified.
..... Smith prepared the report in two volumes, one about Trump's charges of election interference and one about the classified documents case. Department lawyer said Garland plans to release the volume on election charges, but the volume about the classified documents would not be released publicly as long as charges remain pending against two of Trump's co-defendants.
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The second volume would be available for review by the top Republican and Democratic lawmakers on the house and Senate Judiciary Committees, the lawyers said.
..... "The Attorney General intends to release Volume One to Congress and the public consistent with ... and in furtherance of the public interest in informing a co-equal branch and the public regarding this significant matter," said the filing by Brian Boynton, principal deputy assistant attorney vernal; Markenzy LaPointe, U.S. attorney in southern Florida; and Mark Freeman, a layer in the civil division. "this limited disclosure will further the public interest in keeping congressional leadership apprised of a significant matter within the Department while safeguarding defendants' interests."
..... Trump is trying to block the release of the entire report, which could contain the most detailed account yet of the criminal accusations against him, less than two weeks before he returns to the White House on January 20. [2025]
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Two of his staffers, co-defendants Walt Nauta and Carlos De Oliveira in the classified-documtnets case, argued the release "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."
..... Special counsels typically write reports explaining their investigation and the divisions about whether to bring charges.
..... Trump faced two federal indictments before judges dismissed the cases at Smith's request because of longstanding Justice Department policy against prosecuting a sitting president.
..... Smith preparing a final report "should have been no surprise" to Trump because other special counsels such as Robert Mueller, who investigted Russian interference in the 2016 election; Robert Hur, who investigated President Joe Biden's handling of classified documents when not in public office; and John Durham, who reviewed the 2016 [probe, each issued final report as required by department regulations. the lawyers said.
..... But U.S. district Aileen Cannon ordered Garland and Smith on Tuesday [01/07/2025] not to release or share the report or any draft outside the Justice Department unless an appeals court rules differently.
.... Trump welcomed Cannon's decision at a news conference Tuesday. [01/07/2025]
.... 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.