Judge Aileen Cannon ruled Monday that she would not block the release of special counsel Jack Smith's report on his investigation into Donald Trump and efforts to overturn the 2020 election.
However, she scheduled a court hearing later this week to address Attorney General Merrick Garland's plan to share with lawmakers the part of the report dealing with the classified documents probe. Cannon has temporarily halted the release of that portion to anyone outside the Justice Department.
Trump's legal team requested Cannon reconsider her decision, asking for more time to present arguments against the release of the election-related portion of the report.
Cannon rejected this request, allowing the release of the January 6-related portion to proceed at midnight. This decision is the latest development in a legal battle over the disclosure of the special counsel’s findings.
The Justice Department typically releases final reports on special counsel investigations, including those involving sitting presidents. However, Trump and his allies have delayed the publication of Smith’s report. The report on the 2020 election investigation is not expected to contain new revelations but has been subject to significant legal challenges.
Cannon's ruling includes continuing to block the release of the report's section on classified documents. Garland had planned to allow lawmakers from both parties to privately review this part of the report, but Cannon cited the need for a full hearing and briefing before proceeding with this plan.
Garland has expressed intent to publicly release the portion of Smith’s report related to the 2020 election investigation before Trump assumes office next week. The 11th US Circuit Court of Appeals had already rejected a previous request from Trump's team to block the report’s publication.
The investigation into election subversion alleges that Trump and others attempted to undermine the transfer of power following the 2020 election, culminating in the January 2021 Capitol riot. In the classified documents case, Trump faces charges for mishandling classified materials and obstructing the investigation into their whereabouts.
Trump's legal team argued that Cannon’s earlier decision, which questioned the constitutionality of Smith’s appointment as special counsel, should prevent the report’s release.
The case involving Trump’s employees, Walt Nauta and Carlos De Oliveira, is still pending and has raised concerns about the potential impact of releasing the report on their defense.
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