Judge blocks release of special counsel's report
Documents would detail Trump's indictments
By: Bart Jansen
USA Today
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.
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U.S. District Judge Aileen Cannon, who was appointed by Trump, ordered Attention 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 the decision about what he called a "fake report," 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."
..... Smith's report is expected to provide the fullest description yet about the investigation that led to tow 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.
..... Judges dismissed both cases at Smith's request under longstanding Justice Department policy against prossecuting sitting presidents. Neither case could be concluded before Trump starts his second term as president.
..... But special counsels typically write reports explaining their investigations and the decisions about whether to bring charges, and a public release of the potential bombshell report has been expected to come within days.
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Smith acknowledged in a court filing Monday [01/06/2025] 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 [01/10/2025] at 10 AM., Smith said.
..... But Trump asked Garland on Monday [01/06/2025] to halt Smith's preparation and release of the report. And Trump's co-defendants on the classified documents case, Walt Nauta and Carlos De Oliveira, asked the same of Cannon. Smith had said he would reply formally to the request by 7 PM. Tuesday, [01/07/2025] but Cannon ruled before he filed.
..... Nauta and De Oliveira, staffers at Trump's Mar-a-Lago home in Palm Beach, Florida, who were charged with conspiring to hide the classified records, noted they could still face charges. they argued that 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."
..... 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 OT comment.
..... Former Representative Liz Cheney, R-Wyoming, who helped lead the congressional investigation of the Capitol attack on January 6, 2021, said Garland has a duty to release the report and "prevent its evidence from being destroyed."
..... 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 form counting Electoral College votes on January 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 [2024] election.
..... In Florida, Trump was indicted on charges he unlawfully retained national defense documents at the end of his first administration.