The Justice Department has informed the appeals court that a partial release of the special counsel's report regarding Trump is warranted.
The Justice Department on Wednesday requested that a federal appeals court in Atlanta facilitate the release of a segment of special counsel Jack Smith's report, which outlines his investigations concerning President-elect Donald Trump. In documents submitted to the 11th Circuit Court of Appeals, the government indicated that Attorney General Merrick Garland has opted not to disclose the portion of Smith's report pertaining to the classified documents case, as long as criminal proceedings involving co-defendants Walt Nauta and Carlos de Oliveira remain ongoing. However, Garland intends to present the first volume of Smith's report to both Congress and the public, which focuses on the investigation and prosecution of Trump related to the 2020 presidential election.
"Because the Attorney General has determined not to release to the public Volume Two of the Final Report to the public while defendants' case remains pending—the volume that concerns the proceedings against defendants—an injunction is unnecessary," prosecutors wrote, asking the 11th Circuit to reject the emergency request for an injunction.
They highlighted that Smith submitted his report to Garland on Tuesday, accompanied by a cover letter indicating that the sections pertaining to Nauta and de Oliveira should remain confidential while their cases are ongoing.
On Wednesday, Garland formally notified the chairs and ranking members of the House and Senate Judiciary Committees that Smith had concluded his investigation, completed the report, and that it was prepared for release. Garland emphasized that he would refrain from releasing the report until the courts authorize it, and even if authorization is granted, he would withhold the portion related to the classified documents investigation due to ongoing cases.
Attorneys from the Justice Department stated that a redacted version of the second volume of the report, which addresses the alleged mishandling of classified documents, would be accessible for review exclusively by the leading Republicans and Democrats on the House and Senate Judiciary Committees, contingent upon their request and agreement to keep the information confidential.
"This limited disclosure will further the public interest in keeping congressional leadership apprised of a significant matter within the department while safeguarding defendants' interests," prosecutors wrote.
The submission addressed an attempt by former co-defendants of Trump, aide Nauta and ex-Mar-a-Lago staff member de Oliveira, to prevent the publication of the report. They contended that the release of the special counsel's report would adversely affect their ongoing appeals. In a later submission to the 11th Circuit, attorneys representing Nauta and de Oliveira requested that the appeals court refer the matter back to Cannon and the district court for a hearing, while simultaneously seeking to halt Garland and the Justice Department from releasing Smith's final report.
"A hearing is necessary to prevent overreach of the federal government to serve political aims at the expense of the individual's right to a fair trial," lawyers for Nauta and de Oliveira wrote.
Allowing leaders of the House and Senate Judiciary Committees to see the second volume of the report "reflects an improper attempt to remove from the district court the responsibility to oversee and control the flow of information related to a criminal trial over which it presides, and to place that role instead in the hands of the prosecuting authority — who unlike the trial court has a vested interest in furthering its own narrative of culpability," they said.
Earlier this week, defense attorneys simultaneously petitioned both the appeals court and Judge Aileen Cannon, who presided over and ultimately dismissed the Trump classified documents case, to prevent Smith and Garland from publicly disclosing a summary of the special counsel's findings.
On Tuesday, Cannon issued an order that temporarily restrains the Justice Department from publishing the report until the 11th Circuit reaches a decision on the matter. This ongoing litigation is part of an effort by Trump and his associates to obstruct federal prosecutors from making Smith's report public. Smith has indicated that he has prepared a two-volume report for the attorney general, which prosecutors stated was submitted on Tuesday evening. Garland has committed to releasing all special counsel reports completed during his tenure and has consistently upheld this promise, even following an investigation concerning President Biden's management of classified documents.
Smith conducted two now-concluded investigations into the president-elect, one related to his alleged attempts to resist the peaceful transfer of power and overturn the results of the 2020 presidential election, and another concerning allegations that Trump unlawfully retained sensitive government documents after leaving office in 2021.
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These investigations led to criminal indictments against Trump, which have since been dismissed. Trump initially entered a plea of not guilty and denied any wrongdoing. The special counsel and his office withdrew from the case after the 11th Circuit agreed to dismiss the appeal regarding Trump following his election to a second term in November. The case is now under the jurisdiction of the U.S. attorney in South Florida and other Justice Department attorneys. Nevertheless, Trump's legal team has urged Garland to remove Smith from his role and halt the release of the report, as indicated in a letter included in court documents on Monday.
"Because Smith has proposed an unlawful course of action, you must countermand his plan and remove him promptly. If Smith is not removed, then the handling of his report should be deferred to President Trump's incoming attorney general, consistent with the expressed will of the People," Trump's attorneys wrote.
Prosecutors informed the 11th Circuit in their submission that the president-elect has not submitted any requests to the appeals court and "would have no basis to seek to block the public release of Volume One of the final report," which pertains to the investigation and prosecution related to the alleged attempts to overturn the 2020 election results. In the case concerning classified documents, Trump, along with Nauta and de Oliveira, faced charges in connection with an alleged scheme to obstruct the federal investigation. Both individuals entered pleas of not guilty.
Ultimately, Smith decided to withdraw his attempts to prosecute Trump, referencing Justice Department regulations that prohibit the prosecution of a sitting president. However, he chose to pursue an appeal against Cannon's ruling that dismissed the case against Nauta and de Oliveira, aiming to challenge the determination that the special counsel was unlawfully appointed. Consequently, the defendants sought to prevent the release of information while the case was ongoing.
During a press conference on Tuesday, Trump criticized Smith as a "bad guy" and complimented Cannon, whom he appointed to the federal bench during his first term, as a "brilliant judge." The Justice Department's push to release part of Jack Smith's report reflects efforts to balance transparency and legal fairness. While the first volume focuses on the 2020 election investigation, the second, tied to classified documents, remains confidential due to pending cases. The legal battle underscores tensions in high-profile prosecutions.
