The Justice Department announced on Wednesday its plan to release special counsel Jack Smith’s findings on Donald Trump’s attempts to overturn the 2020 presidential election. However, the section of the report focused on Trump’s handling of classified documents at his Mar-a-Lago estate will remain sealed for now.
The disclosure was made in a filing to a federal appeals court reviewing a defence request to block the report’s release. This request concerns the charges against two Trump co-defendants in the classified documents case: Walt Nauta, a Trump valet, and Carlos De Oliveira, a Mar-a-Lago property manager. On Tuesday, Judge Aileen Cannon, appointed by Trump, issued a temporary block on the report’s release.
The Justice Department stated it would move forward with releasing the election interference section of the report. However, the classified documents portion will only be shared privately with the chairmen and ranking members of the House and Senate Judiciary Committees until the cases involving Nauta and De Oliveira are resolved.
“This limited disclosure will further the public interest in keeping congressional leadership apprised of a significant matter within the Department while safeguarding defendants’ interests,” the filing noted.
The decision raises doubts about whether the classified documents investigation findings will ever be made public. Given the Trump Justice Department’s likely stance, the report may remain unreleased even after the co-defendants’ cases conclude.
Trump has consistently denied wrongdoing and criticised Smith. During a Tuesday press conference at Mar-a-Lago, Trump dismissed the report, calling it “fake” and the investigation “a sham.”
The timeline for the release of the election interference report remains unclear. The Justice Department has asked the US Court of Appeals for the 11th Circuit to overturn Cannon’s order halting the report’s release and to ensure that its decision is final. However, the department acknowledged that the Supreme Court might eventually weigh in on the issue.
In its brief, the Justice Department argued that the attorney general has clear authority to release the election interference section and that Trump’s co-defendants have no legal standing to block it.
“With respect to Volume One of the Final Report, defendants are hardly differently situated than any other member of the public,” the filing stated.
The report is expected to outline Smith’s findings and charging decisions from two investigations. The classified documents inquiry was dismissed in July by Cannon, who deemed Smith’s appointment illegal.
Smith’s appeal of the dismissal, along with obstruction charges against Nauta and De Oliveira, is ongoing. Defence lawyers claim releasing the report during active proceedings would be unfair.
The election interference case has also been narrowed following a Supreme Court ruling that granted former presidents broad immunity from prosecution, effectively ending any trial prospects before the 2024 election.
Smith’s team dropped both cases in November after Trump’s election victory, citing Justice Department policy that prohibits federal prosecutions of sitting presidents.
Faridah Abdulkadiri
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