Efforts by Trump and his co-defendants in the classified documents case aim to prevent special counsel Jack Smith from releasing a final report that addresses the handling of documents and Trump’s alleged attempts to obstruct the transfer of power after the 2020 election.
On Monday, which marked the fourth anniversary of the January 6 Capitol attack, a motion was filed requesting Judge Aileen Cannon to stop Smith from proceeding with his planned release of the two-volume report.
A letter from Trump’s legal team to Attorney General Merrick Garland disclosed that they had reviewed a draft of the report and demanded Smith’s dismissal, urging that the decision to release the report should be left to the incoming attorney general under the president-elect.
Although Trump’s focus is on Smith, Garland holds the authority to decide whether the report will be released. Lawyers for Trump’s co-defendants, Walt Nauta and Carlos De Oliveira, relied on Cannon’s earlier ruling that deemed Smith unlawfully appointed as they argued against releasing the report.
In their filing, they emphasized that the final report relies on materials Smith, as a disqualified special counsel, should not access, labeling its release to the public improper.
Smith’s team countered with a filing early Tuesday morning, promising a follow-up response by 7 p.m. EST. They assured that the Attorney General would refrain from releasing the contested volume to the public until January 10, 2025, the same day Trump is scheduled for sentencing in his New York hush money case.
An appeal against Cannon’s ruling, which dismissed the case against Trump and his co-defendants, remains under review by the 11th U.S. Circuit Court of Appeals. The appeal questions whether Cannon retains jurisdiction to act while the case is pending. Meanwhile, Nauta and De Oliveira filed a similar request with the appeals court, seeking an injunction and noting Trump’s intent to intervene.
Although charges against Trump were dropped due to Justice Department policies against indicting a sitting president, the proceedings continue for Nauta and De Oliveira. In a letter to Garland, Trump’s legal team argued that the draft report violates the presumption of innocence and unnecessarily implicates third parties.
They warned that releasing the report without substantial redactions would breach prohibitions on extrajudicial statements by prosecutors. The report’s release is a contentious issue, with critics arguing it serves as a necessary measure of accountability following Trump’s legal victories and repeated delays caused by challenges and Supreme Court reviews of his immunity claims.
Trump’s team revealed the draft contains references to potential members of his incoming administration, raising concerns about the confirmation process.
Volume I of the draft accuses Trump and others of engaging in a criminal conspiracy without a jury’s determination, while Volume II alleges multiple violations of federal laws. Trump’s legal team strongly disputes these claims, maintaining that the assertions lack any supporting verdicts or evidence.
