Attorney General Merrick Garland intends to release Volume One of Special Counsel Jack Smith’s final report on the 2020 election case against President Trump.
The Department of Justice confirmed Garland’s intentions in a Wednesday court filing to the 11th Circuit U.S. Court of Appeals, sparking intense political debate, as reported by Fox News.
Volume One details the allegations surrounding Trump’s alleged attempts to contest the 2020 election results. The DOJ claimed the release serves “public interest” and ensures congressional oversight of a “significant matter.”
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However, Volume Two, which focuses on classified documents, will remain under wraps due to ongoing criminal proceedings involving two co-defendants, Walt Nauta and Carlos De Oliveira. Only select congressional committee leaders will access the second volume, with strict prohibitions on public disclosure.
“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 DOJ stated.
Despite Garland’s push, U.S. District Judge Aileen Cannon granted an emergency motion by Nauta and De Oliveira, temporarily halting the report’s release. Cannon ruled that Smith is “temporarily enjoined” from sharing the report outside the DOJ until three days after a decision from the appeals court.
Both co-defendants pleaded not guilty to allegations of obstructing the FBI’s investigation into classified documents found at Mar-a-Lago.
Smith’s tenure as Special Counsel, marked by high-profile investigations into Trump, has faced repeated legal obstacles. His efforts to prosecute Trump for alleged 2020 election interference and classified document mishandling have largely fallen flat.
Trump himself pleaded not guilty to all charges, while co-defendants Nauta and De Oliveira continue to fight the DOJ’s accusations.
Adding to Smith’s woes, Judge Cannon dismissed his classified records case against Trump earlier this year, ruling that his appointment as Special Counsel was unlawful.
Similarly, federal Judge Tanya Chutkan dismissed Smith’s charges in the 2020 election interference case in November. Smith also withdrew his appeal of Cannon’s ruling, marking another blow to his efforts.
Garland’s push to release Smith’s report aligns with his previous decisions to publish reports from other special counsels. During his tenure, Garland released John Durham’s report on the Trump-Russia probe origins and Robert Hur’s investigation into President Biden’s classified document mishandling.
The timing and selective transparency of these releases have drawn scrutiny from conservatives, who see Garland’s actions as politically motivated. Garland appears to be using Smith’s failed investigations to keep Trump in the headlines while shielding Biden’s own document scandals from similar public scrutiny.
With President-elect Trump set to take office on January 20, Smith plans to step down from his role. His final report was expected to drop this month, but with Cannon’s injunction and pending appellate court decisions, the timeline remains uncertain.
One thing is clear: Garland’s DOJ isn’t backing down from its pursuit of political theater, even as its high-profile cases unravel.
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