The Department of Justice under Attorney General Pam Bondi intends to leave the second volume of former special counsel Jack Smith’s report in “the dustbin of history.”
On the second day of President Donald Trump’s second term, U.S. District Court Judge Aileen Cannon ordered that the DOJ could not release the report concerning the alleged mishandling of classified documents at Mar-a-Lago.
Smith testified this week that he had not recently read the report due to Cannon’s order.
In a filing on Friday, the DOJ said it would never release the report — at least not under the current leadership.
“The United States agrees with the former defendants in this case that Volume II should not be released outside of the Department of Justice,” Assistant United States Attorney Manolo Reboso wrote. “Smith not only weaponized the Department of Justice against a leading presidential candidate in pursuit of an anti-democratic end, but he did so without legal authority and while targeting constitutionally protected activity.”
“Put simply, Smith’s tenure was marked by illegality and impropriety, and under no circumstance should his work product be given the full weight and authority of this Department,” he continued. “Attorney General Pam Bondi has determined that Volume II is an internal deliberative communication that is privileged and confidential and should not be released outside the Department of Justice.”
The department would also not take on redacting the document for public release, Reboso said.
“It is the position of the Attorney General and this Department that release of Volume II is unjustified. The illicit product of an unlawful investigation and prosecution belongs in the dustbin of history. The United States will leave it there.”
Cannon was expected to decide whether the DOJ could release the report in a future ruling.
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