Court of appeals complicates schedule for the release of Jack Smith's final report
The attorney general suggested that he intended to make some version of the report available to the public.
TroibNews 
A federal appeals court has denied an attempt by Donald Trump and his associates to prevent the Justice Department from making public special counsel Jack Smith’s final report concerning his two inactive criminal cases against the president-elect.
However, the legal battle continues. A ruling from the Atlanta-based 11th Circuit Court of Appeals on Thursday upheld an order from U.S. District Judge Aileen Cannon — the judge overseeing one of the cases — which currently prohibits Attorney General Merrick Garland from releasing the report until at least Sunday.
On Thursday evening, the Justice Department filed an appeal against Cannon’s order, which is likely to initiate further emergency court proceedings. In addition, Trump’s allies may challenge the appeals court's ruling, potentially seeking intervention from the Supreme Court. On the same day, the high court rejected Trump’s attempt to delay sentencing in his New York hush money case.
Consequently, the status of Smith’s report — and whether it will be made public in the near future — remains uncertain. A spokesperson for the Justice Department declined to comment on the latest updates.
The DOJ requested that the appeals court resolve the matter by Friday, but it appears that clarity will take several more days, especially as Trump is set to be inaugurated in just 11 days and will take control of the department.
Smith effectively abandoned both criminal cases against Trump — one concerning efforts to overturn the 2020 election and the other regarding the mishandling of classified documents at his Mar-a-Lago estate after leaving office in 2021 — after Trump won the November election, citing the Justice Department's policy against prosecuting sitting presidents.
Nonetheless, the Justice Department is still pursuing charges against Trump’s alleged co-conspirators in the classified documents case, Walt Nauta and Carlos De Oliveira, contesting a ruling by Cannon in July that deemed Smith’s appointment legally flawed.
The dispute over Smith’s report intensified on Tuesday, when Nauta and De Oliveira filed a motion requesting Cannon to prohibit Smith from releasing his report entirely. They also sought similar relief from the 11th Circuit.
Cannon promptly directed the Justice Department to refrain from making the report public until at least three days after the 11th Circuit had the opportunity to review the issue. The Justice Department urged the appeals court to overturn Cannon’s directive, but the judges opted not to do so.
The 11th Circuit’s ruling on Thursday provided little detail. The judges’ names involved in the decision were not disclosed. The two-page order stated that Nauta and De Oliveira’s request for an injunction was “denied.” It also mentioned that if the Justice Department sought relief from Cannon’s emergency order, they could appeal that order. However, the appeals court did not elaborate on the legal reasoning for its decision.
Importantly, the order maintains Cannon’s block on the portion of Smith’s report related to Trump’s efforts to undermine the 2020 election, which culminated in the January 6 Capitol attack. While Cannon was not involved in that case, Smith created a two-volume report addressing each major aspect of his investigation, and Cannon's order did not differentiate between them.
On Wednesday, the Justice Department indicated that Garland would not release the portion of Smith’s report dealing with classified documents — given the ongoing case against Nauta and De Oliveira — but intended to release the report concerning election subversion as soon as the courts allow.
Ramin Sohrabi for TROIB News
However, the legal battle continues. A ruling from the Atlanta-based 11th Circuit Court of Appeals on Thursday upheld an order from U.S. District Judge Aileen Cannon — the judge overseeing one of the cases — which currently prohibits Attorney General Merrick Garland from releasing the report until at least Sunday.
On Thursday evening, the Justice Department filed an appeal against Cannon’s order, which is likely to initiate further emergency court proceedings. In addition, Trump’s allies may challenge the appeals court's ruling, potentially seeking intervention from the Supreme Court. On the same day, the high court rejected Trump’s attempt to delay sentencing in his New York hush money case.
Consequently, the status of Smith’s report — and whether it will be made public in the near future — remains uncertain. A spokesperson for the Justice Department declined to comment on the latest updates.
The DOJ requested that the appeals court resolve the matter by Friday, but it appears that clarity will take several more days, especially as Trump is set to be inaugurated in just 11 days and will take control of the department.
Smith effectively abandoned both criminal cases against Trump — one concerning efforts to overturn the 2020 election and the other regarding the mishandling of classified documents at his Mar-a-Lago estate after leaving office in 2021 — after Trump won the November election, citing the Justice Department's policy against prosecuting sitting presidents.
Nonetheless, the Justice Department is still pursuing charges against Trump’s alleged co-conspirators in the classified documents case, Walt Nauta and Carlos De Oliveira, contesting a ruling by Cannon in July that deemed Smith’s appointment legally flawed.
The dispute over Smith’s report intensified on Tuesday, when Nauta and De Oliveira filed a motion requesting Cannon to prohibit Smith from releasing his report entirely. They also sought similar relief from the 11th Circuit.
Cannon promptly directed the Justice Department to refrain from making the report public until at least three days after the 11th Circuit had the opportunity to review the issue. The Justice Department urged the appeals court to overturn Cannon’s directive, but the judges opted not to do so.
The 11th Circuit’s ruling on Thursday provided little detail. The judges’ names involved in the decision were not disclosed. The two-page order stated that Nauta and De Oliveira’s request for an injunction was “denied.” It also mentioned that if the Justice Department sought relief from Cannon’s emergency order, they could appeal that order. However, the appeals court did not elaborate on the legal reasoning for its decision.
Importantly, the order maintains Cannon’s block on the portion of Smith’s report related to Trump’s efforts to undermine the 2020 election, which culminated in the January 6 Capitol attack. While Cannon was not involved in that case, Smith created a two-volume report addressing each major aspect of his investigation, and Cannon's order did not differentiate between them.
On Wednesday, the Justice Department indicated that Garland would not release the portion of Smith’s report dealing with classified documents — given the ongoing case against Nauta and De Oliveira — but intended to release the report concerning election subversion as soon as the courts allow.
Ramin Sohrabi for TROIB News
