Judge Aileen Cannon

Judge Aileen Cannon In Florida Greenlights DOJ To Release Part Of Jack Smith’s Trump Report

Judge Aileen Cannon
Judge Aileen Cannon

Judge Aileen Cannon granted the Department of Justice (DOJ) permission on Monday to release the first volume of Special Counsel Jack Smith’s report on his investigations into former President Donald Trump.

The report focuses on Trump’s alleged efforts to overturn the 2020 election. However, the release of the second volume, addressing Trump’s alleged mishandling of classified documents, remains in limbo pending a Friday hearing.

Judge Cannon denied efforts by Trump’s co-defendants in the classified documents case, Waltine Nauta and Carlos De Oliveira, to block the release of Volume I of Smith’s report. This volume pertains exclusively to the DOJ’s investigation of Trump’s actions surrounding the 2020 election and is separate from the classified documents case.

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Special Counsel Jack Smith
Special Counsel Jack Smith

Cannon agreed with the DOJ’s stance, stating that the election-related volume “concerns a totally different case than the one she oversaw.” However, the judge withheld approval for the DOJ’s proposal to provide Volume II, covering the classified documents case, to congressional leadership. Cannon cited concerns about defendants’ fair trial rights and DOJ policies on releasing sensitive information during ongoing prosecutions.

“Public release of Volume II would be inconsistent with the fair trial rights of Defendants Nauta and De Oliveira,” Cannon wrote in her ruling. The DOJ had sought a “limited disclosure” of the classified documents volume to congressional leaders, citing public interest. Cannon deferred her decision on that matter, scheduling a hearing for Friday.

The ruling follows Smith’s resignation from the DOJ last week after submitting his final report to Attorney General Merrick Garland. The report consists of two volumes:

  • Volume I: Investigates Trump’s alleged efforts to overturn the 2020 election.
  • Volume II: Examines allegations of Trump retaining classified documents after leaving office.

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The 11th Circuit Court of Appeals ruled last week that the report could be released, but an earlier order by Cannon delayed its release until three days after the appeals court decision. That delay expires at midnight Monday.

The DOJ is expected to release Volume I of the report shortly after midnight unless Trump or his co-defendants secure a last-minute ruling from the Supreme Court to block its release. Legal experts speculate that any such Supreme Court intervention could delay the report’s release indefinitely, potentially until after Trump’s inauguration on January 20.

If the report is not released before Trump takes office, the decision to publish will fall to his nominee for attorney general, Pam Bondi. Bondi is unlikely to release a report critical of the incoming president.

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The ruling is significant as it clears the way for public scrutiny of Smith’s findings on Trump’s alleged interference in the 2020 election while leaving unresolved questions about the classified documents case. Attorney General Garland has stated that he intends to withhold Volume II from public release during ongoing criminal proceedings against Nauta and De Oliveira, prioritizing their fair trial rights.

The release of Volume I could provide key insights into Smith’s investigation and influence public discourse as Trump prepares to take office again. Meanwhile, the fate of Volume II and its potential disclosure to Congress remains a contentious issue.

The release of Volume I, anticipated after midnight, will be closely monitored for its content and implications. Friday’s hearing on Volume II will address whether the DOJ can share the classified documents volume with lawmakers or if it will remain sealed.

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