The Department of Justice has announced plans to release special counsel Jack Smith’s report detailing President-elect Donald Trump’s efforts to contest the 2020 election results. The report, according to a recent court filing, will outline findings from Smith’s investigation into Trump’s allegedly unlawful actions to overturn his defeat in the 2020 presidential election.
Attorney General Merrick Garland is expected to publicly release the report, while redacting any details related to the classified documents case against Trump concerning his retention of sensitive documents at Mar-a-Lago after his first term. The move signals a significant development in the DOJ’s handling of Trump-related inquiries.
As Politico reports:
The Justice Department revealed Garland’s decision Wednesday morning in a court filing opposing Trump’s effort to block Smith from releasing his final report altogether, “since the President-elect is no longer a defendant in any Special Counsel matter.” Both cases against Trump were dismissed after he won election to a second term in November, with prosecutors citing long standing DOJ policies against prosecuting a sitting president.
The decision to withhold the second volume of the report suggests it will likely fall to Trump’s Justice Department — which will inherit the case against Trump’s co-defendants Walt Nauta and Carlos De Oliveira — to make a final determination. Though Trump is widely expected to end the ongoing prosecution of his former co-defendants, and has opposed the release of the final report, it will present a tricky calculus for the incoming president. Trump welcomed the public release of previous special counsel reports, including special counsel Robert Hur’s devastating assessment of President Joe Biden.
The Justice Department indicated that it plans instead to make a redacted version of the classified documents report available to leaders of the House and Senate judiciary committees, so long as the lawmakers pledge not to release details publicly.
The prosecutors’ filing came in response to an effort by Trump, Nauta and De Oliveira to block Smith from releasing any part of his final report. U.S. District Judge Aileen Cannon, the Trump appointee overseeing the classified documents case, on Tuesday agreed to temporarily block Smith from releasing his report until three days after a final decision by the Atlanta-based 11th Circuit Court of Appeals.
Trump Seeks Supreme Court Intervention in Separate Case
Meanwhile, Trump’s legal battles continue on multiple fronts. On Wednesday, the president-elect filed an emergency petition with the U.S. Supreme Court to block his sentencing in the New York v. Trump case. That case, overseen by Judge Juan Merchan, involves charges of falsifying business records, for which a New York City jury found Trump guilty earlier this year.
Judge Merchan has set Trump’s sentencing for January 10 at 9:30 a.m. but indicated that he does not intend to impose prison time. Instead, Trump is likely to receive an “unconditional discharge,” a sentence with no penalties attached.
Trump’s Team Denounces Legal Proceedings
Trump spokesman and incoming White House communications director Steven Cheung criticized the legal proceedings, characterizing them as politically motivated.
“President Trump’s legal team filed an emergency petition with the United States Supreme Court, asking the Court to correct the unjust actions by New York courts and stop the unlawful sentencing in the Manhattan D.A.’s Witch Hunt,” Cheung told Fox News Digital.
Cheung also argued that the case undermines the will of voters, stating, “The American people elected President Trump with an overwhelming mandate that demands an immediate end to the political weaponization of our justice system and all of the remaining Witch Hunts.”
The filing to the Supreme Court follows New York Associate Justice Ellen Gesmer‘s decision on Tuesday to deny Trump’s motion to stay the sentencing.
Broader Implications
The DOJ’s decision to release the Smith report alongside Trump’s continuing legal battles is likely to have significant political and legal ramifications as Trump prepares to assume the presidency once more. With the public release of Smith’s findings and Trump’s lingering challenges in court, both cases could shape the early days of the incoming administration.
This is a breaking news story. Please check back for updates.
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