The Justice Department is set to publicly unveil only a portion of the final report from Special Counsel Jack Smith’s investigations concerning President Donald Trump.
According to a recent court filing, Smith recommended the DOJ release only the first volume of the report, which details the investigation and charges related to Trump’s actions during the 2020 presidential election. The second volume, which focuses on the federal investigation into Trump’s handling of classified documents at his Mar-a-Lago estate, will only be accessible for review by select top members of the House and Senate judiciary committees, contingent on their request. This limitation is due to the ongoing status of the classified documents case, as the DOJ continues its appeal against Trump aides Walt Nauta and Carlos De Oliveira.
In the filing presented to the U.S. Court of Appeals for the 11th Circuit, DOJ attorneys stated, “To avoid any risk of prejudice to defendants Nauta and De Oliveira, the Attorney General, upon the recommendation of the Special Counsel, has determined that Volume Two will not be publicly released while the defendants’ criminal proceedings are pending.” They emphasize that this “limited disclosure” would keep congressional leadership informed about significant matters while safeguarding the interests of the defendants.
Following Trump’s election victory in 2024, prosecutors dropped two criminal cases against him. Thus, Smith’s final report may represent the last opportunity for prosecutors to elucidate their decisions.
Recently, Florida Judge Aileen Cannon placed a temporary hold on the Justice Department’s release of Smith’s final report, pending an emergency motion from the appeals court aimed at delaying the report’s public distribution.
Despite this, the DOJ has countered this measure, reiterating that the court’s intervention is unwarranted and opposing the attempt to block the release of the first volume concerning election interference.
Highlighting the point, the DOJ filing stated, “Defendants Nauta and De Oliveira have no valid interest in that volume of the Final Report.” Judge Cannon, appointed by Trump, had previously dismissed the documents case earlier this year.
After Trump’s re-election, the DOJ withdrew him from its appeal but continued pursuing the appellate case for the other defendants, who voiced concerns about potential prejudice if Smith’s final report is made public while their trial looms. Additionally, Trump contends that the appointment of the special counsel was unlawful and asserts that any public report could hinder his transition into the White House.
