The U.S. Justice Department has challenged a judge's decision to block the release of a report on Donald Trump's federal indictments, intensifying a legal battle over the findings of Special Counsel Jack Smith ahead of the president-elect's inauguration.
On Friday, the Justice Department filed an emergency motion with a federal appeals court to overturn Judge Aileen Cannon's injunction preventing the publication of Smith's report. The report details Trump’s alleged efforts to overturn the results of the 2020 presidential election, which he lost to Joe Biden. The DOJ’s move aims to ensure the report is made public before Trump's inauguration on January 20, amid concerns that the Trump administration could suppress its release.
Judge Cannon, a Trump appointee, issued the injunction on January 7, blocking the release of the report until at least three days after the appeals court resolves the matter. However, the 11th U.S. Circuit Court of Appeals recently denied an emergency defense request to prevent the report’s release, leaving Cannon’s injunction intact for now.
The Justice Department has strongly criticized Cannon's decision, describing it as "plainly erroneous" and calling for the appeals court to lift the injunction immediately. The DOJ argued that the injunction obstructs officials from privately sharing Smith's findings on Trump's alleged mishandling of classified documents with the House and Senate Judiciary Committees.
The department clarified that it will not disclose details from the portion of the report concerning classified documents found at Trump’s Mar-a-Lago residence after he left office in 2021. Criminal proceedings against two of Trump’s co-defendants in the documents case are still pending.
Attorney General Merrick Garland, as the Senate-confirmed head of the Justice Department, holds the authority to determine whether Smith's investigative report is released. The DOJ emphasized Garland's discretion, stating, "The Attorney General has authority to decide whether to release an investigative report prepared by his subordinates."
Both investigations—one concerning election interference and the other the handling of classified documents—resulted in Trump’s indictment. However, the cases were abandoned after Trump won the 2024 presidential election, citing a DOJ policy against prosecuting a sitting president.
Trump spokesperson Steven Cheung denounced Smith’s report, calling it an “unconstitutional, one-sided, falsehood-ridden screed.” He urged President Biden and Garland to "put a final stop to the political weaponization of our justice system."
Looking ahead, further legal challenges are anticipated. If Trump or his co-defendants appeal the 11th Circuit’s decision, the case could reach the Supreme Court. Garland has indicated his intent to release the report, except for its second volume concerning the classified documents case, due to ongoing legal proceedings.
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