A federal appeals court has dismissed an attempt to stop the release of parts of special counsel Jack Smith’s final report regarding his investigation into alleged election interference by Donald Trump in 2020. This report is also expected to touch on Trump’s handling of classified documents.
The 11th Circuit Court rejected a request made by Walt Nauta, a Trump aide, and Carlos de Oliveira, Mar-a-Lago’s former property manager, both of whom face charges related to obstructing another federal probe concerning Trump’s management of sensitive records. The court has momentarily paused the Department of Justice’s (DOJ) release of the report for three days.
The DOJ confirms it will go ahead with the release of the first volume related to the election interference case. However, the section concerning classified documents will only be available privately to the heads of the House and Senate Judiciary Committees while Trump’s co-defendants’ case remains active.
When the exact release date for the election interference report will be is still uncertain. The case was recently limited due to a Supreme Court ruling which determined that former presidents have significant immunity from criminal prosecution.
Following Trump’s victory in the 2020 election, Smith’s team chose to discontinue both related cases in November, referencing DOJ policy against prosecuting sitting presidents.
Special counsels, appointed by the Attorney General, are required to submit a confidential report upon finishing their investigations. Ultimately, it is the Attorney General’s decision on what to make public.
Attorney General Merrick Garland has released the full reports of other special counsels appointed during his tenure, including those concerning President Biden’s handling of classified information and the investigation into Russian interference in the election.
In response to the recent court decision, Trump spokesperson Steven Cheung stated it was crucial to end the “political weaponization of our Justice system.” He characterized Smith’s proceedings as flawed, asserting that they were unfairly constructed and politically motivated.
Cheung called on President Biden and Attorney General Garland to act justly, stressing that the American people chose Trump with a strong mandate and expressing hopes for national unity under a future Trump administration.