Efforts to Prevent the Release Before Deadline
Former President Donald Trump’s attorneys made a final push to stop the release of special counsel Jack Smith’s report detailing alleged attempts to overturn the 2020 election. The move came just hours before U.S. District Judge Aileen Cannon’s injunction allowing the Justice Department (DOJ) to release Volume One of the report was set to expire. Volume One focuses on Trump’s election interference case, while a decision on Volume Two, addressing classified documents, remains pending.
Trump’s legal team requested an extension of the injunction until a January 17 hearing, arguing that releasing the report before then would interfere with the incoming administration. They criticized Smith’s actions, calling the report “false” and claiming it was part of a politically motivated attack. The DOJ plans to release Volume One shortly after midnight once the injunction expires, despite Trump’s objections.
Legal Challenges and Divided Opinions
Judge Cannon previously blocked the release of both volumes but later ruled that the DOJ could release Volume One publicly. However, she deferred a decision on whether Volume Two could be shared with congressional leaders. Trump’s attorneys argued that Cannon should resolve pending motions before any release, citing past grievances against Jack Smith, who resigned after completing his investigations.
Cannon’s earlier rulings dismissed Trump’s classified documents case, deeming Smith’s appointment unconstitutional in that matter. Still, she clarified that this reasoning was insufficient to block the election interference report. Attorneys for Trump’s former aides, Walt Nauta and Carlos De Oliveira, also opposed the release, fearing it could harm their clients’ legal rights if Congress members leaked details.
Background on the Cases
Trump faced multiple legal challenges in 2023, pleading not guilty to charges related to mishandling classified documents and attempting to overturn the 2020 election results. Prosecutors accused him of retaining sensitive government records and obstructing their retrieval from his Mar-a-Lago estate. In the election interference case, Trump was charged with orchestrating a “criminal scheme” to subvert democracy and remain in power.
Both cases were dismissed following Trump’s re-election in November, adhering to a DOJ policy against prosecuting sitting presidents. Jack Smith’s resignation came after concluding his investigations and submitting his final report. Attorney General Merrick Garland vowed transparency, promising to release the reports as soon as possible.
With the DOJ poised to release Volume One, Trump’s legal team remains steadfast in its efforts to delay the report’s publication, arguing it risks undermining the integrity of legal proceedings and the upcoming administration. The ongoing legal battles underscore the contentious nature of the cases and their broader implications for American democracy.
