Special Counsel Jack Smith has turned over to Attorney General Merrick Garland the completed final report on his two investigations that resulted in felony charges against President-elect Donald Trump, the Justice Department revealed in a filing Wednesday. Part of the report, Garland intends to make public, sparking a heated legal debate.
The Justice Department’s filing follows a controversial decision by Trump-appointed U.S. District Judge Aileen Cannon, who temporarily blocked the release of the report on Trump’s handling of classified documents. Cannon, who previously dismissed charges against Trump by arguing that Smith’s appointment was unconstitutional, has drawn sharp criticism for her rulings in the case.
Despite Cannon’s injunction, the Justice Department stated there is “neither any need nor legal basis for an injunction” on the release of the report. NBC News reports that Garland plans to provide Congress with only volume one of the report, which centers on Trump’s efforts to overturn the 2020 election, as part of “the public interest in informing a co-equal branch and the public regarding this significant matter.”
However, Garland will withhold volume two of the report, which pertains to Trump’s classified documents case, until the ongoing cases against Trump’s co-defendants, Walt Nauta and Carlos De Oliveira, are resolved.
“For the time being, Volume Two will be made available for in camera review only by the Chairmen and Ranking Members of the House and Senate Judiciary Committees upon their request and agreement not to release any information from Volume Two publicly,” Justice Department lawyers explained. “This limited disclosure will further the public interest in keeping congressional leadership apprised of a significant matter within the Department while safeguarding defendants’ interests.”
Justice Department attorneys have also petitioned the federal appeals court to vacate Cannon’s temporary injunction that delays the release of the report for three days following any ruling by the circuit court. This window would ostensibly allow Trump to seek intervention from the Supreme Court to block the release of volume one. Should the appeals court side with the DOJ and overturn Cannon’s order, volume one could be made public immediately.
