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The Justice Department announced Wednesday its intent to release findings from Special Counsel Jack Smith’s investigation into Donald Trump’s efforts to overturn the 2020 presidential election while keeping under wraps the portion of the report focused on classified documents at Trump’s Mar-a-Lago estate.
The decision was disclosed in a court filing as part of a legal dispute over whether the full report should be released while cases remain active against two co-defendants in the classified documents case, Walt Nauta and Carlos De Oliveira.
The DOJ stated it would make the election interference volume of the report public but restrict the classified documents section to private review by the chairpersons and ranking members of the House and Senate Judiciary Committees. The department argued this approach balances the public’s interest in transparency with the defendants’ right to a fair trial. Lawyers for Nauta and De Oliveira strongly objected, arguing the partial release could prejudice their cases and accusing the DOJ of seeking to bypass the authority of the trial court.
The election interference volume of the report is expected to detail the findings of Smith’s investigation into Trump’s actions following the 2020 election. Smith’s team abandoned both cases in November after Trump’s presidential victory, citing DOJ policy prohibiting the prosecution of a sitting president. The classified documents case, once viewed as the most legally perilous for Trump, remains unresolved due to charges against Nauta and De Oliveira, who are accused of obstructing the investigation.
Judge Aileen Cannon, overseeing the classified documents case, temporarily blocked the report’s release earlier this week, prompting the DOJ to seek intervention from the U.S. Court of Appeals for the 11th Circuit. The DOJ asked the court to reverse Cannon’s order and allow the release of the election interference volume, arguing the co-defendants have no legal standing to block a section unrelated to their charges.
Trump’s legal team criticized the report’s release, calling it a politically motivated attack and reiterating Trump’s denial of any wrongdoing. In a statement, the DOJ maintained that the report would further the public’s understanding of the case and uphold transparency in significant legal matters. However, the classified documents portion of the report is unlikely to become public anytime soon, especially as the Trump administration is poised to take control in January and is expected to prevent its release.
Attorney General Merrick Garland has previously made public other special counsel reports, including those by Robert Hur on President Joe Biden’s handling of classified documents and John Durham on the FBI’s Russia investigation. However, Trump’s team and his co-defendants argued that releasing even part of Smith’s findings could unfairly shape public perception and harm their chances of a fair trial.
The Supreme Court’s recent ruling on presidential immunity significantly narrowed the scope of the election interference case, effectively shielding Trump from prosecution before the November 2024 election. Meanwhile, the classified documents case has faced significant hurdles, with the DOJ’s authority to bring charges against Trump and his co-defendants challenged in court.
The release of the election interference volume of Smith’s report remains uncertain as legal battles continue, and the Justice Department’s efforts to navigate the politically charged case are closely watched.
