President-elect Donald Trump, along with his former co-defendants, Walt Nauta and Carlos De Oliveira, is making a last-minute bid to prevent the release of a report by special counsel Jack Smith on two dismissed cases. These cases, centered on classified documents and election interference, were thrown out after legal disputes over Smith’s appointment.
NBC News reported that Trump and his associates are troubled about the report's public impact and are questioning its precedence.
The report, drafted by Smith, discusses two significant legal battles: the classified documents and election interference cases.
Initially, Trump faced charges in Florida for mishandling sensitive documents but pleaded not guilty. Legal challenges led to the dismissal of both cases, with a judge ruling that Smith's appointment was unconstitutional.
On Monday night, lawyers for Nauta and De Oliveira filed a motion with U.S. District Judge Aileen Cannon. The motion aimed to block the report's release, citing a Florida rule that restricts disclosing information about ongoing cases. As a result, Judge Cannon issued a temporary halt on the report’s publication Tuesday.
Concurrently, Nauta and De Oliveira sought intervention from the U.S. Court of Appeals for the 11th Circuit. Their request urged the court to stop the report’s disclosure, echoing concerns shared in the motion filed earlier this week.
Over the weekend, Trump’s legal team evaluated a draft of the report in Washington, D.C. Their analysis was followed by a letter to Attorney General Merrick Garland. The letter urged Garland to halt Smith’s release plans and questioned his legitimacy as a prosecutor.
Special counsel Jack Smith indicated that the decision to release any portion of the report ultimately belongs to Garland. Smith intended that the part relating to classified documents wouldn't reach Garland before 1 p.m. ET Tuesday.
While efforts continue to prevent the report's release, federal prosecutors are appealing the dismissal of charges against Nauta and De Oliveira. These charges were related to Smith's investigations, which he decided to dismiss in November.
Smith’s office plans to complete a "two-volume confidential report" explaining their prosecution decisions. However, Trump's team fervently argues against this, stating the report aims to sway public opinion unjustly.
Garland, meanwhile, has yet to determine how to proceed with the report’s volume. He has committed to not releasing the classified documents-related volume before 10 a.m. Friday. This delay provides additional time for the involved parties to settle their disagreements.
As the report's possible publication creates waves, Smith and his team have announced plans to resign ahead of Trump taking office on January 20.
Trump's legal representatives argue that any handling of the report should be deferred to Trump’s incoming attorney general.
Criticism over Smith's actions is not new. Nauta and De Oliveira's lawyers bluntly claim that Smith's report is "a one-sided, slanted report" designed to persuade the public of the defendants' guilt. This perspective fuels ongoing attempts to forestall the report's release.
