Garland says he will release the Trump election report as soon as the court allows it

WASHINGTON — Attorney General Merrick Garland told Congress late Wednesday that he will release special counsel Jack Smith’s report on the investigation into President-elect Donald Trump’s alleged 2020 election interference “if the court permits,” in a potential embarrassment for Trump as he prepares to return to the White House.

Smith’s report is expected to provide the most detailed explanation yet of what evidence the special counsel uncovered during his two-year investigation and why the Justice Department decided to indict Trump on two counts: allegations of election interference and misuse of classified documents.

Trump has tried to block the report, which his lawyers said would perpetuate false allegations from since-dismissed cases. A potential legal battle before the U.S. Supreme Court also makes the timing of any release of Smith’s report uncertain as Trump’s Jan. 20 inauguration approaches and several of the new president’s personal lawyers are set to take senior leadership positions at the Justice Department and the White House.

A federal judge in South Florida on Tuesday blocked release of the report at the request of two Trump co-defendants who said it could harm their case on allegations of mishandling confidential documents.

Lawyers for the government have asked a federal appeals court to overturn their decision and allow the release of part of the report examining election interference. The rest of the report, which deals with classified information, would be made public once the classified information case is resolved.

The 11th^Th The U.S. Court of Appeals has not yet ruled on the department’s request. If Trump loses in the Atlanta-based court, the president-elect’s lawyers are expected to ask the U.S. Supreme Court to block the release of the Smith report.

“As set forth in the Department’s filings today with the Eleventh Circuit Court of Appeals, I intend to make Volume One of the report available to you and the public if the Court permits,” Garland wrote in a letter to leading Republicans and Democrats in the House and Senate Judiciary Committees. “I have determined that the release of these materials to you and the public at this time is consistent with… applicable law and that this release serves the public interest of informing a peer industry and the public about this important matter.”

Trump has tried to block the release of the report as he prepares to return to the White House on January 20. The justices dismissed both cases at Smith’s request because of the Justice Department’s long history of refusing to prosecute a sitting president.

Trump, who claims Smith’s appointment was unlawful, asked to file an argument in the case to provide perspective as a past and future president on the way officials are appointed. As the subject of the report, Trump’s lawyers said the report “threatens” his “interest in a smooth, orderly transition and the effective transfer of executive power.”

Trump’s co-defendants, Walt Nauta and Carlos De Oliveira, claim the report could harm them at a potential trial.

Trump-appointed U.S. District Judge Aileen Cannon dismissed the classified documents case, saying Smith was unlawfully appointed. Smith appealed to the 11th^Th However, the Circuit dropped the case against Trump after the election. The appeal to his legitimacy remains with Nauta and De Oliveira.

Cannon also temporarily blocked the release of Smith’s report until the appeals court rules. Trump welcomed her decision, calling it “great news.”

But government lawyers said Smith’s report should come as no surprise since special prosecutors traditionally file reports explaining their investigations and charging decisions. In recent years, these have included Robert Mueller, who investigated Russian interference in the 2016 election; Robert Hur, who investigated President Joe Biden’s handling of classified documents outside of public office; and John Durham, who reviewed the 2016 investigation.

Nauta and De Oliveira have asked the appeals court to send the case back to Cannon to decide whether the report can be made public.

But government lawyers contend that Cannon, who presides in Florida, has no jurisdiction over the election interference portion of the report, which was investigated in Washington, DC

“In accordance with the local court rules and the Ministry’s guidelines, and in order to avoid any risk of prejudice to the defendants Waltine Nauta and Carlos De Oliveira, whose criminal cases are still pending, I have decided, on the recommendation of the Special Counsel, that Volume Two will not be dealt with should be published while the criminal case against these defendants is ongoing,” Garland wrote.

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Garland says he will release the Trump election report as soon as the court allows it

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