Americans may soon see Special Counsel Jack Smith's report on President-elect Donald Trump’s alleged actions on Jan. 6.
The 11th Circuit Court of Appeals allowed the release of the DOJ report written by Smith which lays out Trump's alleged attempts to overturn the results of the 2020 presidential election. The court denied a motion to block the report's release in a Thursday night ruling.
Smith was mandated to prepare and share a report on investigations into Trump's alleged election interference and mishandling of classified documents. Attorney General Merrick Garland could then choose whether or not to share them. Trump employees Walt Nauta and Carlos de Oliveira, still facing charges in Trump's classified documents case, asked on Monday that Judge Aileen Cannon toss the reports.
Nauta and de Oliveira attached a letter from Trump’s attorneys arguing that releasing the reports “unlawfully encroaches on the Executive authority of the incoming Administration of President Trump to resolve the issues surrounding Smith’s Office.”
Cannon granted that ask, before Nauta, de Oliveira asked the 11th Circuit Court on Tuesday to stop the report’s release again. In the brief ruling, the court declined to do so. The Department of Justice had already agreed to release only the Jan. 6 report, to avoid prejudicing a jury in any future classified documents cases against the Trump employees.
The ruling doesn’t immediately allow for the report’s release, however. Cannon ruled that her block on the release wouldn’t end until three days after the 11th Circuit’s response. The Thursday ruling leaves that portion of her order in place. Further appeals will likely attempt to block the report in that time. The ruling also left the DOJ the option to separately appeal Cannon’s three-day delay rather than wait it out.
Trump’s team is expected to file an appeal in the interim to block the release until he takes office, one which could end up before the Supreme Court. Trump has been vocal about his plans to can the report once he takes office on January 20 should it not be released before then.
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