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WASHINGTON – A federal judge has temporarily blocked the public release of special counsel Jack Smith’s report on his investigations into former President Donald Trump. This ruling comes as an appeals court is set to review a challenge to the disclosure of the report just days before Trump is set to reclaim office.
U.S. District Judge Aileen Cannon’s decision represents a brief win for Trump, who has consistently benefited from actions taken by this Trump-appointed judge. The ruling followed an emergency request filed on Monday by Trump’s defense lawyers, who argued that releasing the report would be unfair and damaging, presenting a one-sided and prejudicial account. Smith’s team is expected to respond later on Tuesday.
It is unclear what the Justice Department, which has guidelines on how special counsels should handle their reports, plans to do in light of Cannon’s ruling.
The report, which is expected to be two volumes, is anticipated to cover the decisions made by Smith’s team regarding potential charges in two separate investigations. One focuses on Trump’s handling of classified documents at his Mar-a-Lago estate in Palm Beach, Florida, while the other concerns his efforts to overturn the results of the 2020 presidential election, leading up to the January 6, 2021, U.S. Capitol riot.
Cannon’s order prevents the release of any part of the report until three days after the 11th U.S. Circuit Court of Appeals resolves the matter, unless the court rules otherwise.
Earlier in the day, Smith confirmed that the volume concerning the classified documents investigation would not be made public before 10 a.m. on Friday, though the final decision about releasing the report rests with Attorney General Merrick Garland.
Trump faces charges in the classified documents case along with two co-defendants. This case was dismissed in July by Cannon, who ruled that Smith’s appointment was unlawful. Trump also faces charges in an election interference case that was narrowed by a Supreme Court ruling on presidential immunity.
In November, Smith’s team dropped both cases after Trump’s victory in the presidential race, following Justice Department policy that prohibits prosecuting sitting presidents.
Trump’s attorneys, including Todd Blanche, who had been appointed by Trump to serve as his deputy attorney general, sent a letter to Garland on Monday urging him to block the report’s release and to remove Smith from his position. Blanche described the potential release of the report as a political stunt aimed at harming Trump and justified by the taxpayer funds spent on the investigation.
The emergency request to halt the report’s release was filed by the lawyers of Trump’s co-defendants in the classified documents case, Walt Nauta and Carlos De Oliveira. They argued that the report’s release could harm their clients, especially since Smith’s appeal of the dismissal of charges against them is still pending.
In response, Smith’s team stated early Tuesday that they planned to submit the report to Garland by that afternoon and would not release the section related to the classified documents case before Friday morning.
According to Justice Department regulations, special counsels are required to submit a confidential report at the end of their investigations. Garland has previously made public the reports from other special counsels, including those investigating President Joe Biden’s handling of classified information and the FBI’s investigation into Russian election interference.
