The Justice Department is pushing to release special counsel Jack Smith’s final report on his investigations into Donald Trump. The report is divided into two parts: Volume One, focusing on Trump’s actions related to January 6 and efforts to overturn the 2020 election, and Volume Two, covering his handling of classified documents after leaving the White House.
Trump’s co-defendants in the classified documents case, Walt Nauta and Carlos De Oliveira, asked U.S. District Judge Aileen Cannon to block the release of Volume Two. In response, Judge Cannon temporarily halted the release of both volumes. U.S. Attorney General Merrick Garland has requested the release of the January 6 volume to the public and the classified documents volume to select members of Congress. In a court filing, the Justice Department stated that the January 6 volume does not impact the evidence or charges related to the classified documents case.
The Justice Department acknowledged that the January 6 volume briefly mentions the classified documents investigation twice but assured that these references do not discuss the actions, evidence, or charges against Nauta or De Oliveira. The DOJ has agreed to provide these references to Judge Cannon for review in a sealed filing.
Judge Cannon, who previously dismissed the classified documents case by declaring Smith’s appointment unconstitutional, had asked for additional details. The Justice Department argued she no longer has jurisdiction to block the release of the January 6 volume, as her earlier injunction was overturned by the Eleventh Circuit Court of Appeals. That injunction was set to expire, but Trump’s co-defendants requested an extension to allow for a hearing on Garland’s plans to release the report. Cannon has not yet made a decision.
Trump previously pleaded not guilty to charges of mishandling classified documents and trying to delete surveillance footage at his Mar-a-Lago estate. He also pleaded not guilty to allegations of attempting to overturn the 2020 election results to stay in power. Both cases were dismissed after Trump was reelected in November, as a Justice Department policy prevents prosecuting a sitting president.
Jack Smith, who resigned as special counsel after completing his investigations, submitted his final report to Garland, leaving the decision on its release to the Justice Department and the courts.
