Cannon Temporarily Halts Publication of Jack Smith's Report
The remarkable decision disrupts the concluding phase of the special counsel's investigation.
This significant decision comes just days before Smith’s office is set to conclude its work, complicating the final phase of the special counsel's efforts. Smith is anticipated to finalize and submit a report to Attorney General Merrick Garland detailing the outcomes of his investigations into Trump’s handling of classified materials following his exit from office in 2021, as well as his attempts to overturn the results of the 2020 election. Garland has indicated that he plans to publicly release the report in some capacity.
However, Cannon’s order, which was issued at the behest of two Trump associates who were co-defendants in the classified documents case, restricts the Justice Department from divulging the report or any sections of it until three days after a federal appeals court has ruled on the matter.
The order specifically prohibits Garland, the Justice Department, Smith, and "all of their officers, agents, and employees, and all persons acting in active concert or participation with such individuals" from “releasing, sharing, or transmitting the Final Report or any drafts of such Report outside the Department of Justice.”
Notably, the order does not extend to Trump or his co-defendants, despite allegations from Smith that they improperly disclosed details from the report, which they have had access to in recent days. In a court filing submitted on Monday, Trump revealed that Smith characterized him as “engaged in an unprecedented criminal effort,” identified him as “the head of the criminal conspiracies,” and stated that he harbored a “criminal design.”
Cannon, who was appointed by Trump, previously dismissed Smith’s prosecution of Trump along with the two co-defendants last July due to her belief that Garland's appointment of Smith was unlawful. Although the Justice Department appealed that decision, it dropped the portion related to Trump in November. The appeal concerning charges against the two Trump allies is still active, which raises questions about Cannon’s jurisdiction in this case.
A spokesperson for the Justice Department refrained from commenting on the judge's ruling but referenced a court filing made early Tuesday, in which the DOJ affirmed that the report would not be disclosed before Friday at the earliest.
Ramin Sohrabi for TROIB News