DOJ plans to release part of Special Counsel Jack Smith report on Trump despite Judge Cannon order
Attorney General Merrick Garland plans to release portion of report related to Trump's efforts to overturn 2020 election
WASHINGTON -- Attorney General Merrick Garland plans to release a portion of Special Counsel Jack Smith's report related to Donald Trump's efforts to overturn the 2020 election, despite Judge Cannon's order Tuesday, according to a filing this morning.
"The Attorney General intends to release Volume One to Congress and the public consistent with 28 C.F.R. 600.9(c) and in furtherance of the public interest in informing a co-equal branch and the public regarding this significant matter," the filing from prosecutors said.
The report could be released as early as Friday, according to a source familiar with the matter.
Garland does not intend to publicly release the report related to the classified documents case at this point, according to the filing, though the volume will be available to the ranking members and chairs of the House and Senate Judiciary committees.
"But to avoid any risk of prejudice to defendants Nauta and De Oliveira, the Attorney General has determined, at the recommendation of the Special Counsel, that he will not publicly release Volume Two so long as defendants' criminal proceedings remain pending," the filing said.
The filing makes clear that the decision by Garland to not release the volume of the report involving the classified documents investigation was recommended by Smith himself when it was transmitted Tuesday evening.
To clear the way for the release of Volume I of the report, which relates to Smith's investigation of Trump's efforts to overturn the 2020 election, the department is asking the 11th Circuit to vacate the temporary injunction that Judge Cannon issued Tuesday, "and make clear that there is no basis for further emergency litigation in the district court regarding the Attorney General's disposition of the Special Counsel's Final Report."
And while they are asking the appeals court panel to make clear they are the final word on this in their order, they acknowledge Nauta and DeOliveira's attorneys still may seek appeals before the full 11th Circuit Court of even the Supreme Court - which could potentially serve to delay things further.
The video in the player above is from an earlier report.
