Trump is trying to block the “imminent” release of special counsel Jack Smith’s report

Trump is trying to block the “imminent” release of special counsel Jack Smith’s report

President-elect Donald Trump and his former co-defendants in the Florida secret documents case moved Monday to block the release of a final report by special counsel Jack Smith, who is also looking into the election interference case.

Both cases against Trump were dismissed.

Attorneys for defendants Walt Nauta and Carlos De Oliveira filed a motion Monday night asking U.S. District Judge Aileen Cannon to block Smith, who prosecuted the case, from releasing his report. They pointed to the judge’s earlier ruling that Smith’s appointment was unconstitutional.

“The final report promises to be a one-sided, distorted report, relying almost entirely on evidence presented to a grand jury and subject to all the necessary safeguards — and only known to Smith by virtue of his unconstitutional appointment — to serve one purpose Purpose: to convince the public that everyone Smith charged is guilty of the crimes charged,” the four attorneys wrote.

Finally, on Tuesday, Cannon temporarily suspended the release of the confidential documents report.

Nauta and De Oliveira separately asked the U.S. Court of Appeals for the 11th Circuit to block publication of Smith’s report.

A filing from Trump’s team on Tuesday showed that the president-elect’s lawyers knew since Dec. 11 that Smith was writing a confidential report, according to the special counsel’s office. The file also revealed that the two volumes of the report included one on the secret documents case and one on the election interference case.

A senior law enforcement official told NBC News that the Justice Department has concluded it likely cannot release the classified documents portion of Smith’s special counsel report because of a local federal regulation in the Southern District of Florida that prohibits the release of information about pending cases . The rule was addressed in the motion filed by Trump’s co-defendants.

Defense lawyers on Monday asked Cannon to hold a hearing and decide by Friday on her request to block the report’s release, saying they believed the report’s release was “imminent.”

Trump’s lawyers, meanwhile, sent a letter asking Attorney General Merrick Garland to stop Smith from releasing the report. In the letter, Trump’s lawyers called Smith an “out-of-control private citizen unconstitutionally impersonating a prosecutor” and seeking to harm Trump politically.

“Accordingly, since Smith has proposed an unlawful course of action, you must revoke his plan and remove him immediately. If Smith is not removed, the handling of his report should be left to President Trump’s new attorney general, consistent with the expressed will of the people,” they wrote.

Trump’s lawyers said they reviewed a two-volume draft of Smith’s report at the special counsel’s office in Washington, D.C., over the weekend.

In his response to the emergency request, Smith wrote that his office was working to “complete a two-volume confidential report to the Attorney General explaining the special counsel’s prosecution decisions.” He said Garland would decide whether to release some of it to the public and that a tape “pertains to this case.”

Smith said his office would not release that tape to Garland until Tuesday at 1 p.m. ET. He also said that Garland “has not yet determined how to handle the scope of the report related to this case, which the parties were discussing at the time the defendants filed the motion, but the Department can assure that the.” Attorney General will not disclose this scope to the public, if at all, before 10 a.m. Friday.

NBC News has reported that Smith and his team plan to resign before Trump takes office on January 20.

The Justice Department has accused Trump in Florida of mishandling confidential documents after he left office. Cannon dismissed the case in July, saying Smith’s appointment was illegal. Trump had pleaded not guilty.

Smith appealed the firing, but the case was upended by Trump’s election in November, given the Justice Department’s longstanding policy of not prosecuting sitting presidents. An appeals court later agreed to dismiss the case against Trump at Smith’s request.

Smith was also forced to drop the election interference case against Trump after indicting him in 2023 in connection with his efforts to overturn the 2020 presidential election. A judge agreed in November at Smith’s request to dismiss that case as well.

Federal prosecutors are still appealing Cannon’s dismissal of charges against Nauta and De Oliveira.

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