Appeals court denies effort to block release of Jack Smith’s final report on Trump probes

(WASHINGTON) — A panel of judges on the Eleventh Circuit Court of Appeals, in a ruling Thursday night, denied an effort to block the release of special counsel Jack Smith’s final report on his two investigations into Donald Trump.

U.S. Judge Aileen Cannon, who dismissed Trump’s classified documents case, temporarily blocked the report’s release on Tuesday, while the matter was considered by the Eleventh Circuit.

The Eleventh Circuit, in its decision, declined to immediately overturn Judge Cannon’s temporary injunction, instead ruling that the Justice Department can file a separate appeal if they want to release the report earlier than this Sunday, when Cannon’s injunction expires.

The Justice Department subsequently notified Judge Cannon of their intent to appeal her injunction blocking the report’s release, according to a court filing.

Attorney General Merrick Garland, in a letter to Congress informing them Wednesday that Smith had concluded his investigations, acknowledged that he was, at that time, barred by Judge Cannon from releasing the report outside of the Justice Department, but that he intended to make Volume One of the report, regarding Trump’s efforts to subvert the 2020 election, available to the public once he is “permitted to do so” by the courts.

Garland, in the letter, confirmed that he plans to make available Volume Two of the report, pertaining to Trump’s classified documents case, available to leaders of the House and Senate Judiciary Committees for closed-door review as soon as the Eleventh Circuit permits him to do so.

“Consistent with local court rules and Department policy, and to avoid any risk of prejudice to defendants Waltine Nauta and Carlos De Oliveira, whose criminal cases remain pending, I have determined, at the recommendation of the Special Counsel, that Volume Two should not be made public so long as those defendants’ criminal proceedings are ongoing,” Garland wrote.

“I have determined that once those criminal proceedings have concluded, releasing Volume Two of the Report to you and to the public would also be in the public interest, consistent with law and Department policy,” he wrote.

Garland’s letter was addressed to Sens. Chuck Grassley, R-Iowa, and Dick Durbin, D-Ill., and Reps. Jim Jordan, R-Ohio, and Jamie Raskin, D-Md.

Trump’s lawyers filed an amicus brief with the Eleventh Circuit late Wednesday, arguing that the release of the report would harm the transition to his presidency.

“The report is nothing less than another attempted political hit job whose sole purpose is to disrupt the presidential transition and undermine President Trump’s exercise of executive power,” Trump’s lawyers wrote.

Trump’s lawyers argued that the release of the report would be “worse” than the four indictments Smith brought against the former president, by offering a “one-sided” view of the evidence without giving Trump the ability to defend himself.

“The Final Report goes into more detail about the alleged crimes President Trump and others supposedly committed and involves evidence that was never released to the public–indeed, evidence that could not be released, such as those involving official acts,” the filing said.

Trump’s lawyers claimed that Cannon’s decision deeming Smith’s appointment unconstitutional taints the report — which they described as an “extension of the unlawful acts of an unconstitutionally appointed and funded officer” — which should prohibit Garland from releasing it.

“Garland simply functions as a mouthpiece for the unconstitutionally-appointed Smith,” the filing said.

Trump downplayed the significance of the report at a press conference earlier this week.

“It’ll be a fake report, just like it was a fake investigation,” Trump said at his Mar-a-Lago estate.

Trump pleaded not guilty in 2023 to 40 criminal counts related to his handling of classified materials after leaving the White House, after prosecutors said he repeatedly refused to return hundreds of documents containing classified information and took steps to thwart the government’s efforts to get the documents back. He later pleaded not guilty to separate charges of undertaking a “criminal scheme” to overturn the results of the 2020 election in an effort to subvert democracy and remain in power.

Smith has been winding down his cases against the former president since Trump was reelected in November, due to a longstanding Department of Justice policy prohibiting the prosecution of a sitting president.