WASHINGTON — The Justice Department said Wednesday that it will release special counsel Jack Smith’s findings on Donald Trump’s efforts to undo the results of the 2020 presidential election — but will not disclose portions of the report on the president-elect’s retention of national security documents, following an order from the judge presiding over that since-scrapped case.
Prosecutors revealed their plans in a filing with the Atlanta-based 11th Circuit Court of Appeals in response to a motion by two Trump co-defendants to block the release of Smith’s final report.
Lawyers for the defendants — Trump valet Walt Nauta and Mar-a-Lago employee Carlos De Oliveira — had argued the report contained “false and discredited accusations” and could impinge on their presumption of innocence.
“[T]o avoid any risk of prejudice to defendants Nauta and De Oliveira, the Attorney General [Merrick Garland] has determined, at the recommendation of the Special Counsel, that he will not publicly release Volume Two so long as defendants’ criminal proceedings remain pending,” wrote Mark Freeman of the DOJ’s Civil Division.
The filing instead urged that a copy of the full report, which Garland received from Smith on Tuesday, should be made available to the Republican and Democratic leaders on the House and Senate Judiciary Committees.
“This limited disclosure will further the public interest in keeping congressional leadership apprised of a significant matter within the Department while safeguarding defendants’ interests,” Freeman argued.
South Florida US District Judge Aileen Cannon had already dismissed the classified documents indictment against Trump, 78, last July, ruling that Smith’s appointment was unconstitutional.
Garland had tapped the prosecutor, who is rumored to be eyeing his exit before the 47th president enters the White House Jan. 20, to handle the twin Trump indictments without proper authorization from Congress, she determined.
That wasn’t the case for past special counsels like John Durham, who probed the FBI’s investigation into potential collusion between Trump and Russia.
During his term, Garland has released both Durham’s report and special counsel Robert Hur’s report on President Biden’s “willful” retention and disclosure of classified files.
Smith has appealed the dismissal of charges against Nauta and De Oliveira for allegedly conspiring with the former president to conceal some of the sensitive files — and the matter is still pending before the 11th Circuit.
Lawyers for both men advocated in their Tuesday filing for Smith to not hand over his report to Garland — and for the attorney general to not release its contents to the public.
Trump’s attorneys argued in a separate Tuesday “amicus” brief before the West Palm Beach, Fla., district court that Smith’s report would not only cut against the presumption of innocence for both — but clash with Cannon’s ruling that ended the Trump prosecution in Florida in the first place.
On Tuesday, Cannon also temporarily ordered Garland and Smith not to disclose the Trump prosecutions report until after the 11th Circuit ruled on the lawfulness of the special prosecutor’s appointment.
Following Trump’s election as the 47th president on Nov. 5, Washington, DC, US District Judge Tanya Chutkan also dismissed the election interference case against the Republican.
Freeman also asked the 11th Circuit in Wednesday’s filing to “avoid the potential need for further emergency litigation” by making their decision “the last word” on the whole case, unless all nine justices on the Supreme Court decide to take it up.
