Judge Blocks Release of Special Counsel's Report on Trump Documents Investigation

Created: JANUARY 15, 2025

A federal judge has temporarily halted the release of the second volume of Special Counsel Jack Smith's report concerning the investigation into former President Donald Trump's handling of classified documents. Judge Aileen Cannon issued the order on Tuesday, citing potential prejudice to the defendants if the report were made public.

While the first volume, pertaining to alleged election interference, was permitted limited release to Congress, Judge Cannon expressed concerns about the second volume's public dissemination without mechanisms to prevent widespread distribution. She highlighted the absence of a "valid countervailing reason" to deviate from established norms, emphasizing the risk of prejudicing the defendants, including Trump, Waltine Nauta, and Carlos De Oliveira.

This decision follows a previous ruling by Judge Cannon last week, which allowed the release of the first volume of the report. Co-defendants Nauta and De Oliveira had sought to block the release of both volumes. Former President Trump has criticized Smith's work, referring to it as a "fake report."

Donald Trump and Special Counsel Jack Smith are seen in a split screen image.

Donald Trump and Special Counsel Jack Smith (Fox News Digital)

Judge Aileen Cannon

Federal Judge Aileen Cannon (US Courts)

Jack Smith

Special counsel Jack Smith (SAUL LOEB/AFP via Getty Images)

The release of final reports by special counsels is standard practice, outlining investigation findings and explaining prosecution decisions. However, in this instance, the Justice Department's long-standing policy against indicting a sitting president makes the prosecution decision moot. Attorney General Merrick Garland has previously released reports from special counsels John Durham (investigating the Trump-Russia probe) and Robert Hur (investigating President Biden's handling of classified documents).

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