Appeals Court Partially Clears Release of Special Counsel Jack Smith's Report on Trump Investigations

Created: JANUARY 26, 2025

A federal appeals court has ruled against a motion to fully suppress the release of special counsel Jack Smith's report concerning his investigation into alleged election interference and mishandling of classified documents by former President Donald Trump. The 11th Circuit Court of Appeals denied the request from Walt Nauta, a Trump aide, and Carlos de Oliveira, the former Mar-a-Lago property manager, both of whom face charges related to obstruction of the classified documents investigation.

The court, however, implemented a three-day hold on the report's release. The Justice Department indicated it would proceed with releasing the first volume, which focuses on the election interference probe. The section concerning classified documents will be provided solely to the leaders and ranking members of the House and Senate Judiciary Committees for private review while the case against Trump’s co-defendants is active.

Special Counsel Jack Smith

The timing of the election interference report's public release remains unclear. This investigation's scope was previously narrowed by a Supreme Court decision on presidential immunity, which grants former presidents significant protection from prosecution. Furthermore, after Trump's election win, Smith’s team dropped both cases in November, citing DOJ policy against prosecuting sitting presidents.

Justice Department guidelines mandate special counsels to submit confidential reports after their investigations. The Attorney General then determines what information to release publicly. Attorney General Merrick Garland has previously released the full reports from special counsels Robert Hur, regarding President Biden’s handling of classified materials, and John Durham, concerning the FBI’s investigation into Russian election interference.

Trump mar-a-lago

Trump Communications Director Steven Cheung issued a statement criticizing the investigation as politically motivated and calling for an end to the "weaponization" of the justice system. Cheung celebrated the 11th Circuit's decision to uphold Judge Cannon's injunction, preventing the immediate release of the report.

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