Trump’s Secret Report: Will the Justice Department Win the Fight to Release It?
The Justice Department has filed an urgent motion requesting the reversal of a federal judge's order that blocks the release of special counsel Jack Smith's investigative report on President-elect Donald Trump.
Washington: The Justice Department has filed an urgent motion requesting the reversal of a federal judge’s order that blocks the release of special counsel Jack Smith’s investigative report on President-elect Donald Trump.
The department is seeking to release part of the report before Trump’s inauguration on January 20, amid concerns that members of his legal team in key roles in the incoming administration could potentially stop its release.
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Justice Department’s Legal Filing and Urgency
This latest filing in the ongoing legal battle aims to make the investigation’s findings public. The report, which covers Trump’s attempts to overturn the 2020 presidential election results, is seen as a critical part of the special counsel’s investigation into election interference.
The Justice Department is focusing on one of two volumes of Smith’s report—specifically, the portion concerning Trump’s efforts to undo the results of the 2020 election. The department has made it clear that it will not disclose the second volume, which relates to Trump’s handling of classified documents at Mar-a-Lago, due to ongoing criminal proceedings involving his co-defendants.
Cannon’s Injunction Called “Plainly Erroneous”
The department’s legal filing argues that the decision made by Trump-appointed Judge Aileen Cannon, who issued an injunction blocking the release of the report, was “plainly erroneous.” The Justice Department contends that Attorney General Merrick Garland has the authority to oversee and decide whether such reports can be made public, citing Justice Department regulations which require special counsels to produce reports after completing investigations.
Appeals Court Denies Emergency Request
The appeals court has already denied an emergency request to block the release of the election interference report. However, Judge Cannon’s injunction remains in place, halting the release until after the appeals court resolves the matter. The Justice Department has emphasized the importance of swiftly lifting the injunction, as it also prevents the sharing of the classified documents report with leaders of the House and Senate Judiciary committees.
Fears of Delays in Releasing the Report
The legal push to release Smith’s report before Trump takes office reflects fears that the incoming administration could intervene to prevent the publication of potentially damaging details regarding Trump’s actions following the 2020 election and his handling of sensitive government materials.
Special Counsel Report on Trump’s Election Interference Under Fire
The investigation into Trump’s efforts to subvert the 2020 election results, including his actions prior to the January 6 Capitol riot, has drawn widespread attention. The special counsel’s findings on this matter are seen as highly significant, with concerns over transparency and the potential impact on public perception ahead of the presidential transition.
This investigation is one of two major probes launched under Smith’s leadership. The other focused on Trump’s handling of classified documents at Mar-a-Lago, a case that remains in legal limbo. Smith had previously abandoned the cases after Trump’s election win, following Justice Department policy that prohibits prosecuting a sitting president.
Previous Precedents on Special Counsel Reports
The Justice Department’s filing references previous instances when special counsel reports were made public.
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Under former Attorney General William Barr, the Justice Department released a report on Russian interference in the 2016 election and potential ties to Trump’s campaign. Similarly, current Attorney General Merrick Garland has made reports public on matters involving President Biden’s handling of classified information before his presidency.
Continued Efforts to Release the Report
As the case continues to unfold, the Justice Department is pushing for a swift resolution to ensure transparency and avoid any further delays in making the findings public.
