Judge Blocks Release Of Jack Smith’s Final Report
A federal judge in Florida has temporarily blocked the expected release of special counsel Jack Smith‘s final report, a victory for Donald Trump and his allies in the final weeks before the president-elect starts his second White House term.
Smith’s report must remain undisclosed while the 11th Circuit Court of Appeals considers a challenge from two of Trump’s former co-defendants in the classified documents case, District Court Judge Aileen Cannon wrote in an order on Tuesday.
Lawyers for the defendants, Walt Nauta and Carlos De Oliveira, had requested a hearing on an emergency motion to argue against the release of certain materials while contending an “unchecked release” would result in “prejudice” against them.
“Defendants are strictly precluded from refuting the Report,” their filing on Monday warned. “The Final Report is meant to serve as a Government verdict against the Defendants contrary to all criminal justice norms and constitutional guideposts.”
Cannon, a Trump appointee, dismissed the classified documents case last summer. Smith appealed the decision but dropped the challenge after Trump won the 2024 election. However, the appeal with regard to Nauta and De Oliveira remains active.
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The defendants’ filing included a letter from Trump’s attorneys to Attorney General Merrick Garland requesting he not go along with Smith’s bid “to disseminate an extrajudicial ‘Final Report’ to perpetuate his false and discredited accusations.”
Smith, who is reportedly stepping down from the Department of Justice before Trump is inaugurated on January 20, had responded to Nauta and De Oliveira’s motion by confirming a two-volume “confidential report” was being finalized.
The filing from the special counsel said that one of the volumes pertains to the documents case, and it would not be sent to Garland before 1 p.m. on Tuesday. Smith also said Garland would not release the volume to the public, if at all, before Friday.
POLITICO’s Kyle Cheney noted earlier on Tuesday that Trump “is preparing to formally intervene in the effort to block Jack Smith’s report, his codefendants say. And they’re asking the 11th circuit to send the case back to Cannon so she can rule on it.”
The second volume may deal with Smith’s abandoned 2020 election subversion case in Washington, D.C. District Judge Tanya Chutkan dismissed the charges against Trump after the special counsel filed to drop the matter following the 2024 election.