Judge blocks release of special counsel report on Trump’s criminal case

Judge blocks release of special counsel report on Trump’s criminal case

WASHINGTON – The federal judge overseeing the classified documents case against President-elect Donald Trump issued an order Tuesday temporarily blocking the release of special counsel Jack Smith’s report on his investigation.

The injunction is in effect until three days after the 11th U.S. Circuit Court of Appeals rules on a pending request to block release of the report on a separate matter involving Trump co-defendants Walt Nauta and Carlos De Oliveira.

Lawyers for Nauta and De Oliveira filed a motion Monday night asking U.S. District Judge Aileen Cannon to block the report, citing the judge’s earlier ruling that Smith’s appointment was unconstitutional.

A side-by-side split photo of Aileen Cannon and Donald Trump
Judge Aileen Cannon and Donald Trump.USDC for the Southern District of Florida; AP file

Cannon said she was acting “to maintain the status quo” until the high court rules on the matter.

Their ruling states that Attorney General Merrick Garland, the Department of Justice, Special Counsel Smith, all of their officers, agents and employees, and all persons acting in active coordination or participation with such persons, are TEMPORARY ORDERED (a) to release, disclose or transmit the Final report or any draft of such report outside the Department of Justice or (b) otherwise publishing, distributing, transmitting or disseminating any information or conclusions to any third party outside the Department of Justice Final report or drafts thereof.”

She said the order will remain in effect for three days after the appeals court resolves the matter, “unless the Eleventh Circuit orders otherwise.”

Nauta and De Oliveira filed a separate petition early Tuesday asking the 11th Circuit to block the report.

They contend that releasing details about their alleged efforts to obstruct justice on Trump’s behalf in the documents case in the report could jeopardize their right to a fair trial.

The court gave the Justice Department until Wednesday morning to respond.

Cannon dismissed the case against Trump and the couple last year, saying Smith’s appointment was illegal. Smith’s office appealed her decision but dropped the appeal of Trump’s firing after his election victory, citing a Justice Department legal memo that said the DOJ cannot prosecute a sitting president.

Although Trump is no longer a defendant in the case, Trump’s lawyers filed a motion with Cannon on Tuesday asking her to intervene.

“As a former and future president who is intimately familiar with the damaging consequences of the litigation perpetrated by Smith, his office, and others at the DOJ, President Trump should be permitted to participate in this proceeding,” his filing said.

He called on them to “immediately instruct Smith and his office not to forward any aspect of the report to the Attorney General until the emergency motion is determined.”

In a court filing, Smith said he planned to send his two-volume report to Garland on Tuesday.

Garland “has not yet determined how to handle the volume of reports on this case that the parties were discussing at the time of defendants’ filing of the motion, but the Department can assure that the Attorney General will not make this volume available to the public.” .” if he does it at all,” the filing said before 10 a.m. Friday.

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