Special counsel Jack Smith responded Tuesday to an effort by Donald Trump’s co-defendants to have the judge who tossed his classified documents case issue an emergency order blocking the public release of Smith’s final report on the investigation.
Lawyers for Trump’s former co-defendants, Walt Nauta and Carlos De Oliveira, asked Judge Aileen Cannon — who dismissed the case in July after deeming Smith’s appointment unconstitutional — to issue an order barring Attorney General Merrick Garland from publicly releasing the report by Jan. 10.
In a brief filing, assistant special counsel James Pearce confirmed the office is “working to finalize” a report and that Attorney General Garland — who has the final say over what material from the report is made public — has still not determined what to release from the volume that relates to Smith’s classified documents investigation.
The office assured Judge Cannon in their filing that Smith would not release that specific volume of the report anytime before 10 a.m. Friday and that they would submit a fuller response to Nauta and DeOliveira’s emergency motion no later than 7 p.m. Tuesday evening.
The legal maneuver by Trump’s now-former co-defendants came the same day Trump’s personal lawyers sent a letter to Garland demanding he remove Smith from his post and defer the decision about the report’s release to Trump’s incoming attorney general, Pam Bondi.
“No report should be prepared or released, and Smith should be removed, including for even suggesting that course of action given his obvious political motivations and desire to lawlessly undermine the transition,” wrote Todd Blanche and Emil Bove, Trump’s defense attorneys and his picks for top posts within the Department of Justice.
Smith has been winding down his cases against the president-elect due to a longstanding Department of Justice policy prohibiting the prosecution of a sitting president — moving to dismiss Trump’s federal election interference case and dropping his appeal of the classified documents case — and is expected to submit a final report about his investigations to Garland before stepping down.
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