The Department of Justice announced plans Wednesday to release part of Special Counsel Jack Smith's report detailing former President Donald Trump's alleged attempts to overturn the 2020 election results. However, it will withhold the section addressing Trump's retention of classified documents at Mar-a-Lago, citing ongoing legal proceedings against his co-defendants.
In a court filing, the DOJ stated that the election interference volume would be made public, while the classified documents volume would be provided only to the chairmen and ranking members of the House and Senate Judiciary Committees for confidential review. The move follows a temporary order by Judge Aileen Cannon, a Trump appointee, blocking the release of the entire report. The DOJ has appealed her decision to the 11th Circuit Court of Appeals.
"This limited disclosure will further the public interest in keeping congressional leadership apprised of a significant matter within the Department while safeguarding defendants' interests," the DOJ said in its filing. The report's release comes amid legal battles over Smith's investigations into Trump's actions following his 2020 defeat and his alleged obstruction related to classified documents found at his Florida residence.
Smith formally submitted his two-volume report to Attorney General Merrick Garland Tuesday evening, marking the conclusion of his work as special counsel. While Garland has committed to releasing the election-related findings, he deferred on the second volume, citing the ongoing prosecution of Trump associates Walt Nauta and Carlos De Oliveira, who face charges of obstructing the classified documents investigation.
The classified documents case has been mired in legal controversy since July, when Cannon dismissed charges against Trump, Nauta, and De Oliveira, ruling that Smith's appointment was invalid. Smith's appeal remains active, but the dismissal has complicated the prosecution of Trump's co-defendants. Lawyers for Nauta and De Oliveira argued this week that releasing the report while their cases are unresolved would unfairly prejudice their clients.
The election interference investigation, meanwhile, faced its own limitations after a Supreme Court ruling granted broad immunity to former presidents, effectively shielding Trump from prosecution on those charges. With Trump now re-elected to a second term, the DOJ has adhered to its longstanding policy against prosecuting sitting presidents, leaving the classified documents volume to the discretion of Trump's incoming administration.
Trump's legal team has sought to block the release of any portion of Smith's report, arguing that the disclosures could interfere with ongoing legal matters. However, the DOJ countered that the attorney general has clear authority to release findings related to the election subversion case, noting that Trump's co-defendants have no legal standing to challenge the publication of a report unrelated to their charges.
"With respect to Volume One of the Final Report, defendants are hardly differently situated than any other member of the public," the DOJ said in its filing. The department urged the appeals court to overturn Cannon's order, emphasizing the public's right to transparency in matters of significant national interest.
The release of Smith's report is expected to shed light on Trump's actions following his 2020 election loss, including efforts to disenfranchise voters and challenge electoral results. Smith's team reportedly minimized the identification of witnesses and co-conspirators in both volumes to protect their safety and ensure the integrity of the investigations.
