Jack Smith’s Report Update: Trump Lawyers’ New Demand
January 7, 2025
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President-elect Donald Trump and his legal team are seeking to prevent special counsel Jack Smith from releasing his final report before Trump’s January 20 inauguration.
In a letter to Attorney General Merrick Garland on Monday, Trump’s attorneys demanded the report be blocked, while two former co-defendants petitioned U.S. District Judge Aileen Cannon to prevent the release of any report related to the Florida case.
Newsweek contacted the Trump transition team via email on Monday for comment.
Special counsel Jack Smith delivers remarks on the felony indictment leveled against now-President-elect Donald Trump on August 1, 2023, in Washington, D.C. Trump and his lawyers are attempting to prevent Smith from releasing his final… Special counsel Jack Smith delivers remarks on the felony indictment leveled against now-President-elect Donald Trump on August 1, 2023, in Washington, D.C. Trump and his lawyers are attempting to prevent Smith from releasing his final report before Trump’s January 20 inauguration. (Photo by Alex Wong/Getty Images)
Why It Matters
The challenge raises significant questions about the handling of special counsel findings during presidential transitions and could establish precedents for future cases involving president-elects.
What To Know
Smith’s two-volume report covers both the classified documents case and federal election conspiracy case. Trump’s legal team reviewed the document at Smith’s office over three days.
In their letter to Garland, Trump’s attorneys argue the report’s release would illegally interfere with the presidential transition and should be decided by Trump’s incoming administration. They demand Smith’s immediate removal, as his tenure would end with Trump’s inauguration.
Read the document below:
The Florida case, involving the discovery of classified national defense documents in Trump’s Mar-a-Lago estate after he left office, was dismissed after Cannon ruled Smith’s appointment unconstitutional. The election case was separately dropped, citing Justice Department policy against prosecuting sitting presidents.
Read the document below:
What People Are Saying
Trump’s attorneys, in a letter to Garland: “Because Smith has proposed an unlawful course of action, you must countermand his plan and remove him promptly.”
Jack Smith, per court statement: “The Department’s position is that the Constitution requires that this case be dismissed before the defendant is inaugurated. This outcome is not based on the merits or strength of the case against the defendant.”
What Happens Next
The Justice Department must evaluate the Trump team’s legal arguments regarding the report’s release, with pressure to decide before the January 20 inauguration.
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