U.S. District Judge Aileen Cannon has ruled that the final report of Special Counsel Jack Smith on his investigation into former President Donald Trump’s efforts to overturn the 2020 election can be released.
The Trump-appointed judge’s decision denies a request to delay the report’s release and paves the way for the Justice Department (DOJ) to make public the section of the report concerning the election case as soon as Tuesday.
The once and future president had hoped to bury the report describing facts about his participation in the conspiracy to steal the 2020 election, which resulted in the failed coup attempt on January 6, 2021.
The report, which Smith completed before his resignation from the DOJ, covers two major investigations: one related to Trump’s alleged attempts to reverse the 2020 election outcome and another focused on Trump’s handling of White House documents.
While the volume covering the election case is set to be released, the section related to the documents case remains under review.
The ruling follows a previous decision by the 11th Circuit Court of Appeals, which upheld the release of the report. Cannon had initially imposed a delay on its publication, but this delay expired Monday at midnight.
The DOJ had sought to expedite the release of the election-related portion, arguing it was unrelated to the ongoing prosecution of Trump’s co-defendants in the documents case.
Attorney General Merrick Garland has indicated that only the election-related portion of Smith’s report will be made publicly available, while the documents case volume will be withheld, at least temporarily.
Cannon did not rule on the release of the documents section, which the DOJ intends to share only with certain members of Congress. A hearing on that matter is scheduled for Friday.
Cannon’s ruling could be contested by Trump or his co-defendants, who have expressed opposition to the report’s release. Trump’s legal team has characterized the report as politically motivated, alleging it is part of a broader effort to disrupt his presidential transition.
Lawyers for Walter Nauta and Carlos de Oliveira, co-defendants in the documents case, also raised concerns that the release could lead to misinformation, potentially jeopardizing their clients’ right to a fair trial.
Smith’s final report is expected to provide detailed insights into his prosecutorial decisions, particularly regarding Trump’s actions during and after the 2020 election.
The report will likely address the former president’s role in the January 6 Capitol riot, where he is accused of promoting false claims of election fraud and pressuring Vice President Mike Pence to reject the certified election results.
Although many details from Smith’s investigation have been made public through court filings, the final report may contain new evidence not previously disclosed.
The report also comes in the context of broader legal scrutiny surrounding Trump’s actions. Garland failed to take action on potential charges outlined in former Special Counsel Robert Mueller’s investigation, which exposed Trump’s obstruction of justice during the Russia probe.
Despite findings in the Mueller report suggesting obstruction, Garland opted not to pursue charges at the time, citing the complexity of prosecuting a sitting president.
Similarly, the DOJ has faced questions about its handling of the classified documents case, which stems from materials seized from Trump’s Mar-a-Lago estate. The documents, many of which were marked classified, were improperly retained after Trump left office.
After an investigation into the unlawful possession and mishandling of these materials, Garland appointed Smith as special counsel to oversee the case, which remains ongoing.
Finally, Smith’s investigation into the events surrounding January 6 includes a closer look at the conspiracy to overturn the 2020 election results, a failed coup attempt culminating in the Capitol attack.
Despite the gravity of the allegations, Garland delayed prosecuting Trump for actions linked to this event for a year before Smith was appointed, the legal and political implications of that failure continue to unfold.
With the report’s release imminent, legal experts and observers will be closely watching any further developments, including the possibility of an appeal to the Supreme Court or additional legal challenges.
However, if delays defer the report’s release until after Trump’s inauguration on January 20, Americans can expect the new administration to bury it forever.
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