Justice Department Pushes to Expedite Jack Smith Report Release
5 hours ago
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The Department of Justice (DOJ) is seeking to have a report into Donald Trump’s federal indictments released before the president-elect takes office.
Newsweek sought email comment from Trump’s attorney and special counsel Jack Smith’s office on Friday.
Why It Matters
The Justice Department only has 10 days to release Smith’s report before the Trump administration takes over and then any prospect of releasing it will likely be lost.
Jack Smith arrives at a press conference after indicting Donald Trump on four election interference counts on August 1, 2023, in Washington, D.C. The Justice Department is fighting to release Smith’s report into the election… Jack Smith arrives at a press conference after indicting Donald Trump on four election interference counts on August 1, 2023, in Washington, D.C. The Justice Department is fighting to release Smith’s report into the election interference case.
Drew Angerer/Getty Images
Trump will be inaugurated on January 20, ending any chance for at least four years of putting him on trial for his alleged unlawful interference in the 2020 presidential election and for allegedly hiding classified documents at his Mar-a-Lago estate in Florida. He denies the allegations in both cases.
Under DOJ rules, all prosecutors must issue a report on any attempted prosecution, successful or not.
Smith’s report on the two federal cases against Trump could offer valuable insights into the evidence against him.
It is now especially relevant as that evidence may never otherwise emerge in court.
What to Know
On January 7, Judge Aileen Cannon, a Trump appointee, ruled that the report should be blocked.
Cannon oversaw the federal case against Trump for allegedly hiding classified documents at his Mar-a-Lago estate in Florida. She had already dismissed that case, based on her finding that Smith was illegally appointed as special counsel.
In her ruling on Tuesday, Cannon wrote that if Smith were unlawfully appointed, then he had no right to issue a report about Trump’s indictments.
On Thursday, a federal appeals court ruled on a point of law that the DOJ could, in theory, release the report, but held that Cannon’s decision would have to be appealed before it could actually be shared publicly. Three hours later, the DOJ launched an appeal against Cannon’s ruling, seeking to overturn it as soon as possible and have the report released before January 20.
The DOJ has indicated that in any case, it will only release the part of the report that deals with Trump’s election interference case. That’s because two other men were charged with Trump in the classified documents case and the Justice Department does not want to prejudice the case against them.
What People Are Saying
In its ruling, the 11th Circuit Court of Appeals suggested that the DOJ could appeal Judge Cannon’s ruling.
“To the extent that Appellant [the DOJ] seeks relief from the district court’s [Cannon’s] January 7, 2025, order temporarily enjoining Appellant, Appellant may file a notice of appeal from that order,” the court noted.
In response, Trump spokesman Steven Cheung said in a statement that Smith’s report was “an unconstitutional, one-sided, falsehood-ridden screed.”
What Happens Next
The DOJ will be seeking an appeal court ruling as soon as possible. If granted, it will send a copy of Smith’s report to Congress and, possibly, release the election interference part to the public.
If that is not done by January 20, Trump’s new Justice Department chief will likely order that the report be suppressed.
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