Judge stalls release of Jack Smith’s report on federal cases against Trump

United States District Court Judge Aileen Cannon issued an order Tuesday temporarily blocking the release of special counsel Jack Smith’s report on the two now-dismissed federal cases against President-elect Donald Trump.

Cannon previously oversaw one of the cases against Trump, which accused him of mishandling classified documents. In the summer, Cannon dismissed the indictment against the president-elect, ruling that Smith was unconstitutionally appointed to the special counsel position.

‘TEMPORARILY ENJOINED.’

However, Cannon’s dismissal did not apply to Trump’s co-defendants, longtime aide Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira, who each face several criminal charges. The Biden administration’s Department of Justice has continued to pursue the case against Nauta and De Oliveira.

Smith has called Cannon’s ruling to dismiss the case against Trump over his appointment a “flawed analysis.”

He claimed, “The Supreme Court held more than 50 years ago that Congress vested the Attorney General with the power to appoint special prosecutors like the Special Counsel.”

In a previous court filing, he noted that the indictments against Nauta and De Oliveira would proceed because “no principle of temporary immunity applies to them.”

Prosecutors stated that Smith’s two-volume report could be released as early as Friday, awaiting Attorney General Merrick Garland’s decision.

Smith’s report details his investigation into Trump’s alleged mishandling of classified documents and alleged attempt to overturn the 2020 presidential election. Trump pleaded not guilty to all charges, and both cases against him were dismissed.

Attorneys for Nauta and De Oliveira previously filed a motion to stop the release of the special counsel’s report. Their attorneys also filed a similar emergency motion with the appeals court.

Cannon’s decision prevents the report’s release until three days after the appeals court rules on the issue.

“Pending resolution of the Emergency Motion filed in the Eleventh Circuit and/or any further direction from the Eleventh Circuit, Attorney General Garland, the Department of Justice, Special Counsel Smith, all of their officers, agents, and employees, and all persons acting in active concert or participation with such individuals … are TEMPORARILY ENJOINED from … releasing, distributing, conveying, or sharing with anyone outside the Department of Justice any information or conclusions in the Final Report or in drafts thereof,” Cannon wrote.

Smith’s investigations into Trump and his allies have reportedly cost taxpayers at least $50 million. Trump has pledged to fire Smith “within two seconds” of retaking office if he does not retire before then.

In November, a spokesperson for the special counsel’s office told the New York Post that its duties and ongoing matters can be transferred to “other components of the Department of Justice and the FBI.”

The DOJ and the special counsel’s office declined to comment, CBS News reported.

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