Attorney General Merrick Garland will release special counsel Jack Smith’s report on the 2020 election interference case against President-elect Trump, according to a court filing.

The Justice Department told the 11th U.S. Circuit Court of Appeals on Wednesday that Garland intends to release Volume One of Smith’s final report to Congress and the public on allegations that Trump sought to illegally overturn the results of the 2020 presidential election to undo.

However, Garland will not publish the second volume, which deals with the confidential documents case against Trump, because two defendants in this case still face criminal proceedings. Only the chairs and ranking members of the House and Senate Judiciary Committees are permitted to view volume two, and they are prohibited from discussing the report publicly.

“This limited disclosure will further the public interest in keeping congressional leadership informed about an important matter within the Department while protecting the interests of the defendants,” Justice Department lawyers said in response to a request to block the release to prevent report.

Federal judge blocks special investigator Jack Smith from publishing final report

Attorney General Merrick Garland speaks during a news conference at the Justice Department on Tuesday, Sept. 24, 2024, in Washington. (AP Photo/Mark Schiefelbein)

It is common for special prosecutors to release a final report detailing the results of their investigation and explaining any prosecution or denial decisions they made. In Smith’s case, the prosecution decision is irrelevant given Trump’s status as president-elect and the Justice Department’s longstanding policies against the filing of a criminal complaint against a sitting president.

Smith planned to release his final report sometime this month, as early as the end of this week. He will step down from office before Trump takes office on January 20.

However, Trump co-defendants Walt Nauta and Carlos De Oliveira filed an emergency motion to block the supposedly impending release of Smith’s final report.

Trump’s former co-defendants want the judge to block special counsel Jack Smith’s report

Federal Judge Aileen Cannon. (US courts)

U.S. District Judge for the Southern District of Florida Aileen Cannon ruled Tuesday in favor of Nauta and De Oliveira to “prevent irreparable harm.”

Cannon said Smith is “temporarily prohibited” from “publishing, sharing or transmitting the final report or drafts of such report outside of the Department of Justice.”

The order will remain in effect until three days after the U.S. Court of Appeals for the 11th Circuit announces a decision.

JACK HEARD JACK SMITH’S MOTION TO DISMISS JAN. 6 charges against Trump, appeal dropped in FLORIDA Docs case

Special Prosecutor Jack Smith recently moved to dismiss charges against Trump for his interference in the certification of the 2020 election. (Bill O’Leary/The Washington Post via Getty Images)

Nauta and De Oliveira pleaded not guilty to federal charges that they conspired to obstruct the FBI’s investigation into classified documents found at Mar-a-Lago.

Smith was hired by Garland in 2022 to investigate both alleged efforts by Trump and his allies to overturn the results of the 2020 election and Trump’s storage of allegedly secret documents at his Florida residence.

Trump pleaded not guilty to all charges.

Cannon this summer dismissed Smith’s lawsuit against Trump over classified documents, ruling that he was improperly appointed as special counsel.

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And in November, federal judge Tanya Chutkan dropped Smith’s charges against Trump in the 2020 election interference case. Smith also dropped his appeal of Cannon’s ruling in the secret documents case.

Garland has chosen to release the reports of two other special counsels whose investigations were completed during his tenure — and to release the two summary reports of John Durham, who was hired in 2019 by then-Attorney General Bill Barr to investigate the origins of Trump-Russia -Conflict investigation as well as the final report by Robert Hur, a former US attorney he hired in 2023 to investigate President Biden’s handling of classified documents.

Fox News’ David Spunt and Brooke Singman contributed to this report.