Attorney General Merrick Garland will move to publicly release special counsel Jack Smith’s final report on Donald Trump’s 2020 election interference case, after the president-elect tried to block it.
In a last-ditch effort to prevent its publication, Trump’s lawyers threatened legal action if it was released. But according to court filings made by the Justice Department on Wednesday, Biden-appointed Garland is planning to make the 2020 election report available to Congress and the public.
A second volume of Smith’s report, concerning the criminal case in which Trump was charged with conspiring to keep classified documents after he left office, will be withheld, however, with charges pending against two co-defendants—Walt Nauta, the president-elect’s personal valet, and Carlos De Oliveira, property manager at Mar-a-Lago at the time of the alleged offenses. The two men have pleaded not guilty.
Both cases against Trump were dismissed after he won the presidential election in November.
Politico reported that it will likely fall to Trump’s Justice Department to make a final determination on publication of the second part of Smith’s report.
“Because the Attorney General has determined not to release to the public Volume Two of the Final Report to the public while defendants’ case remains pending—the volume that concerns the proceedings against defendants—an injunction is unnecessary,” Justice Department prosecutors wrote in Wednesday’s filing with the 11th Circuit Court of Appeals.
They urged the court to deny Trump’s emergency request for an injunction. Smith reportedly sent his report to Garland on Tuesday, with a cover letter stating that the portion that names Nauta and De Oliveira should be shelved for now.
However, top Republicans and Democrats on the House and Senate Judiciary Committees can request to see a redacted version—if they vow not to make it public.
“This limited disclosure will further the public interest in keeping congressional leadership apprised of a significant matter within the department while safeguarding defendants’ interests,” prosecutors wrote.
Nauta and De Oliveira had made the own effort to have the second portion of the report blocked. They asked U.S. District Judge Aileen Cannon on Monday to bar Smith from issuing his report until the case “has reached a final judgment and appellate proceedings are concluded.”
Cannon on Tuesday ruled on their behalf and ordered Smith not to release the report until the appeals court has time to review the co-defendants’ emergency motion.
