Federal judge blocks special investigator Jack Smith from publishing final report

Federal judge blocks special investigator Jack Smith from publishing final report

A federal judge on Tuesday temporarily blocked special counsel Jack Smith from releasing his report related to his now-suspended investigation into President-elect Trump’s alleged interference in the 2020 election and alleged improper retention of classified documents.

Trump co-defendants Waltine 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

Judge Aileen Cannon

Federal Judge Aileen Cannon (US courts)

U.S. District Judge for the Southern District of Florida Aileen Cannon ruled 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.”

Special Prosecutor Jack Smith speaks to reporters. Smith was appointed by Attorney General Merrick Garland in 2022 to investigate former President Donald Trump.

Special Counsel Jack Smith is “temporarily prohibited” from “publishing, sharing or transmitting the final report or any drafts of such report outside of the Department of Justice.” (Bill O’Leary/The Washington Post via Getty Images)

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

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.

According to standard practice, the report would first be forwarded to Attorney General Merrick Garland’s office for review.

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

AG garland

Attorney General Merrick Garland speaks to employees on his first day at the Justice Department in Washington, DC, March 11, 2021. (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.

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.

During a news conference Tuesday at Mar-a-Lago, Trump responded to Cannon’s decision to block Smith’s report.

“The deranged Jack Smith dropped the charges. The DOJ asked him to do this because they had no lawsuit. They lost in court before a very strong and very brilliant judge,” Trump said, referring to Cannon. “So he probably wanted to do a report right before I took office, so he’s going to do a 500-page report and it’s going to be a fake report, just like the investigation – it was a fake investigation.”

Trump added that Smith was “dismissed from the case in disgrace.”

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“Why should he be allowed to write a fake report? “It’s just going to be a fake report,” Trump said: “That’s great news.”

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.

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