U.S. District Judge Aileen Cannon on Monday ruled that the U.S. Department of Justice (DOJ) may release special counsel Jack Smith's report on President-elect Donald Trump's 2020 election interference case. This decision marks a reversal of her earlier temporary order blocking the report’s release, thereby clearing the path for its publication.
Trump’s legal team has persistently sought to block the release, arguing it would unlawfully interfere with his presidential transition. The DOJ, however, has emphasized the importance of making the report public before Trump takes office, with many experts suggesting that Trump is unlikely to permit its release once in power.
A hearing is scheduled for Friday to determine whether the DOJ can provide lawmakers access to a separate volume related to Trump’s classified documents case. The department has stated that it will withhold public disclosure of this volume while criminal proceedings against two of Trump’s co-defendants are ongoing.
If upheld, Cannon’s ruling could offer the public new insights into Trump’s efforts to retain power leading up to the January 6, 2021, Capitol insurrection. While the judge authorized the release of the volume addressing election interference, she temporarily blocked the DOJ from sharing the classified documents volume with Congress. This decision aligns with arguments from the attorneys of Trump’s co-defendants, Walt Nauta and Carlos De Oliveira. They contend that releasing the report could bias ongoing legal proceedings, especially as the DOJ appeals Cannon’s dismissal of certain charges against them.
In a related development, Jack Smith resigned from his role as special counsel last week after submitting his final confidential report to Attorney General Merrick Garland. According to a DOJ footnote in a court filing, Smith officially stepped down on January 10, 2025, following the completion of his work.
Judge Cannon’s ruling acknowledged the sensitive nature of the classified documents volume, noting, “All parties agree that Volume II expressly and directly concerns this criminal proceeding.” She further stated that releasing Volume II during ongoing trials would conflict with the fair trial rights of the defendants and DOJ policies regarding disclosure during active criminal cases.
The three-day injunction on the release of Smith’s report expired on Monday, January 13, opening the possibility of its public release later this week, ahead of Trump’s January 20 inauguration. How Trump’s legal team and his incoming administration will respond to these developments remains uncertain.
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