On Monday, January 13th, Judge Aileen Cannon of the US District Court stated in a recent ruling that the Department of Justice can publicly release the investigation report by Special Counsel Jack Smith concerning the alleged electoral interference in the 2020 election by then-President Donald Trump.
However, the temporary restraining order that previously prohibited immediate release of the report remains in effect until Tuesday, and Judge Cannon’s latest ruling may not be the final decision on the matter, as Trump’s defense lawyers may continue to appeal to the Supreme Court.
Judge Cannon had previously temporarily blocked the Department of Justice from releasing the full report of Smith’s investigation into Trump, which led to two separate criminal cases.
A hearing is scheduled for Friday to discuss whether the Department of Justice can disclose another volume of evidence related to Trump’s retention of confidential documents at his Mar-a-Lago estate after leaving the White House in 2021. The Department stated that the evidence will not be released as long as the criminal proceedings against Trump’s two associates are ongoing.
In July, Judge Cannon dismissed the case involving the confidential documents and ruled that the appointment of Special Counsel Smith was unlawful. Following Trump’s victory in the presidential election last November, the Department dropped both cases, citing a policy that prohibits federal prosecution of a sitting president.
According to court documents filed over the weekend, Smith resigned last Friday after submitting his report to Attorney General Merrick Garland.
If Monday’s ruling stands, the public could potentially learn in the coming days about Trump’s actions leading up to the events at the Capitol on January 6, 2021.
In a statement, Trump spokesman Steven Zhang said, “It is time for Joe Biden and Merrick Garland to do the right thing and finally put an end to the politicization of our judicial system.”
The incoming Trump administration’s Department of Justice may take over these documents and keep them confidential for an extended period.
Lawyers for Trump’s two associates, Walter Nauta and Carlos De Oliveira, argue that the public release of the report could harm their clients’ legal rights as the Department of Justice continues to appeal Judge Cannon’s dismissal of the charges against them, with ongoing criminal proceedings.
The Department stated that the report will not be disclosed while proceedings are ongoing, instead sharing it with specific Congressional officials for private review. However, Judge Cannon has halted the Department’s plans, opting for a hearing on Friday afternoon.
Judge Cannon wrote, “Even a limited release of the second volume as promised by law could irreversibly damage the defendants’ legal rights in this criminal case.”
She added, “The court will not gamble on this, at least not without adequate briefing and a hearing, as there is no legal basis to support an immediate submission of the second volume to Congress without a prompt hearing and judicial review.”
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This article referenced reports from the Associated Press.