WASHINGTON − A federal appeals court cleared the way Thursday for Attorney General Merrick Garland to release special counsel Jack Smith’s report about President-elect Donald Trump’s alleged efforts to steal the 2020 election, but the timing remains uncertain.
The 11th U.S. Circuit Court of Appeals refused an emergency request from Trump’s co-defendants to block the report.
The decision came after U.S. District Judge Aileen Cannon’s order Tuesday that temporarily barred Garland or Smith from publicly releasing the report. But Cannon said if the appeals court rejected the emergency request to block the report – as it did – that her order barring the release would hold for only another three days. The appeals court also invited the government to appeal her ruling.
The two-sentence appeals decision came after Garland said he intended to release only the first volume of Smith’s report − leaving out a volume addressing charges that Trump mishandled classified documents after leaving the White House. Trump’s co-defendants, Walt Nauta and Carlos De Oliveira, are only charged in the documents case.
Trump is trying to block the release of the entire report while preparing to return to the White House on Jan. 20. The appeals decision opens the door for Garland to release the report. Garland told Congress on Wednesday he would only publish the report “when permitted by the court to do so.”
President-elect Donald Trump makes remarks at Mar-a-Lago in Palm Beach, Florida, on Jan. 7, 2025.
Federal charges in the election and classified documents cases were dismissed after Trump won the 2024 presidential election. In a letter to Garland, Trump’s lawyers argued that the dismissal of the cases represented “Trump’s complete exoneration,” and that Smith’s report would “perpetuate false and discredited accusations.”
Nauta and De Oliveira had argued the release “promises to be a one-sided, slanted report” that has “a single purpose: convincing the public that everyone Smith charged is guilty of the crimes charged.” Trump joined their request.
Government lawyers said Garland wouldn’t publicly release the volume about classified documents as long as charges remain pending against Nauta and De Oliveira. The second volume would be available for review by the top Republican and Democratic lawmakers on the House and Senate Judiciary Committees, the lawyers said.
Nauta and De Oliveira argued a limited release to lawmakers could still prejudice any eventual trial against them.
A redacted FBI photograph of documents and classified cover sheets recovered from a container stored in former President Donald Trump’s Florida estate. Federal charges against Trump were dismissed after he won the 2024 election.
AG Garland intends to release part of Smith’s report in ‘public interest’
Trump faced two federal indictments before judges dismissed the cases at Smith’s request because of longstanding Justice Department policy against prosecuting a sitting president. Special counsels typically write reports explaining their investigations and the decisions about whether to bring charges.
Trump has maintained he did nothing wrong and that the charges represented partisan attacks from the Democratic Biden administration to interfere with the 2024 election.
“I defeated deranged Jack Smith,” Trump said Tuesday. “We did nothing wrong.”
A redacted FBI photograph of documents and classified cover sheets recovered from a container stored in former President Donald Trump’s Florida estate. Federal charges against Trump were dismissed after he won the 2024 election.
Smith’s report is expected to provide the fullest description yet about the investigation that led to two federal indictments against Trump, for alleged election interference and unlawfully retaining national defense records after leaving the White House. Government lawyers said releasing the volume on election interference and decisions about whether to bring charges was in the public interest.
“The Attorney General intends to release Volume One to Congress and the public consistent with … and in furtherance of the public interest in informing a co-equal branch and the public regarding this significant matter,” said the filing by Brian Boynton, principal deputy assistant attorney general; Markenzy LaPointe, U.S. attorney in southern Florida; and Mark Freeman, a lawyer in the civil division.
“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 letter said.
What charges were dismissed against Trump?
In Washington, Trump was charged with conspiring to overturn the 2020 election with baseless claims of widespread fraud. He was also charged with obstructing Congress from counting Electoral College votes on Jan. 6, 2021, when a riot of his supporters at the Capitol temporarily halted the count.
In Florida, Trump was charged with unlawfully retaining national defense documents after leaving the White House at the end of his first administration. FBI agents found more than 100 classified documents during a search of Mar-a-Lago in August 2022.
This article originally appeared on USA TODAY: Appeals court allows DOJ to release Trump election interference report
