Federal court temporarily blocks Special Counsel Smith, DOJ, from releasing final report on Trump cases

By 
 January 7, 2025

Special Counsel Jack Smith may have withdrawn from his now-dismissed dual criminal prosecutions against President-elect Donald Trump, but that hasn't stopped him from attempting one final smear of Trump just before he takes office.

Emergency motions were filed on Monday to block the alleged "imminent" release of a purported two-volume final report from Smith outlining his findings from the probe of Trump's alleged wrongdoing in the classified documents and election interference cases, according to NBC News.

That move was successful, if only for the time being, as a federal judge on Tuesday issued a temporary injunction that prohibited the special counsel's office and the Department of Justice from publicly releasing or otherwise sharing any part of Smith's report, pending further orders from an appellate court.

Smith preparing to release final report on dismissed Trump prosecutions

In a motion filed on Monday, attorneys for President-elect Trump's co-defendants in the documents case, Walt Nauta and Carlos De Olivera, argued that since Special Counsel Smith's initial appointment to that role was found to be unconstitutional, he lacked the authority to prepare and release a final report on either of the two prosecutorial efforts he led.

"The Final Report promises to be a one-sided, slanted report, relying nearly exclusively on evidence presented to a grand jury and subject to all requisite protections -- and which is known to Smith only as a result of his unconstitutional appointment -- in order to serve a singular purpose: convincing the public that everyone Smith charged is guilty of the crimes charged," the motion stated.

Meanwhile, per NBC, Trump's attorneys filed a similar motion this week opposing the release of Smith's two-volume final report, and likewise sent a letter to Attorney General Merrick Garland urging him to not release to the public any report submitted by Smith.

Given that Smith is an "out-of-control private citizen unconstitutionally posing as a prosecutor" who intends to harm Trump, his attorneys wrote to Garland, and "because Smith has proposed an unlawful course of action, you must countermand his plan and remove him promptly. If Smith is not removed, then the handling of his report should be deferred to President Trump’s incoming attorney general, consistent with the expressed will of the People."

Judge temporarily blocks report's release

According to Fox News, the filing from Trump's co-defendants was swiftly acted upon by U.S. District Judge Aileen Cannon, who issued an order on Tuesday to block the release of Special Counsel Smith's final report, at least for the time being until an 11th Circuit Court of Appeals panel had acted upon a similar request to stop the report's release.

"Pending resolution of the Emergency Motion filed in the Eleventh Circuit and/or any further direction from the Eleventh Circuit," Cannon wrote, AG Garland, the DOJ, Smith, and "all of their officers, agents, and employees, and all persons acting in active concert or participation with such individuals ... are TEMPORARILY ENJOINED from (a) releasing, sharing, or transmitting the Final Report or any drafts of such Report outside the Department of Justice, or (b) otherwise releasing, distributing, conveying, or sharing with anyone outside the Department of Justice any information or conclusions in the Final Report or in drafts thereof."

"This Order remains in effect until three days after resolution by the Eleventh Circuit of the Emergency Motion, unless the Eleventh Circuit orders otherwise," she added.

Trump says Smith was ready to release a "fake report" about his "fake investigation"

Fox News noted that most, though not all, special counsels prepare and release a final report outlining the details of their investigation and any decisions to move forward with a prosecution or not.

However, that customary move has been challenged in this instance in light of the controversy and questions over the legitimacy of Special Counsel Smith's appointment and subsequent lack of authority to conduct an investigation or bring criminal charges in an indictment.

President-elect Trump addressed the developing situation during a Tuesday press conference and said, "Deranged Jack Smith dropped the lawsuits. He was told to by the DOJ because they had no lawsuit. They lost in court in front of a very strong and a very brilliant judge. So, he wanted to do a report just before I take office probably, so he'll do a 500-page report and it will be a fake report, just like the investigation -- it was a fake investigation."

Trump further asserted that Smith had been "thrown off the case in disgrace," and added of the court's temporary injunction, "Why should he be allowed to write a fake report? It will only be a fake report. That's great news."

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