Washington The release of special counsel Jack Smith’s report on his investigation was temporarily blocked Tuesday by an order granted by the federal court who presided over the case involving secret information against President-elect Donald Trump.
After the 11th U.S. Circuit Court of Appeals rules on a pending motion to prevent the distribution of the report over a different matter involving Trump co-defendants Walt Nauta and Carlos De Oliveira, the injunction will remain in effect for three days.
In a motion filed Monday evening, attorneys for Nauta and De Oliveira cited U.S. District Judge Aileen Cannon’s earlier decision that Smith’s appointment was unlawful in order to request that the report be blocked.
She was acting “to preserve the status quo” until the higher court made a decision, according to Cannon.
According to Herruling, Attorney General Merrick “Garland, the Department of Justice, Special Counsel Smith, all of their officers, agents, and employees, and all persons acting in active concert or participation with such individuals, are TEMPORARILY ENJOINED from (a) releasing, sharing, or transmitting the Final Report or any drafts of such Report outside the Department of Justice, or (b) otherwise releasing, distributing, conveying, or sharing with anyone outside the Department of Justice any information or conclusions in the Final Report or in drafts thereof.”
Within three days after the appeals court’s decision, the order will be in force, she said, “unless the Eleventh Circuit orders otherwise.”
Early on Tuesday, Nauta and De Oliveira petitioned the 11th Circuit to block the report.
They argue that their right to a fair trial may be in danger if information on their purported attempts to thwart justice on Trump’s behalf in the documents case is made public.
Last year, after concluding that Smith’s appointment was illegal, Cannon dropped the lawsuit against Trump and the two. Citing a Justice Department legal document that stated the DOJ cannot bring charges against a sitting president, Smith’s office challenged her judgment but dropped their appeal of Trump’s dismissal following his election victory.
Trump’s lawyers filed a brief with Cannon on Tuesday, requesting that she take over even though they are no longer a defendant in the case.
“As a former and soon-to-be President, uniquely familiar with the pernicious consequences of lawfare perpetrated by Smith, his Office, and others at DOJ, President Trump should be permitted to participate in these proceedings,” the brief stated.
He requested that she “immediately order Smith and his Office not to transmit any aspect of the Report to the Attorney General before the Emergency Motion is resolved.”
Smith stated in a court filing that he will deliver his two-volume report to Garland on Tuesday.
According to the filing, Garland has not yet decided how to handle the volume of reports related to this case, which the parties were discussing when the defendants filed the Motion. However, the Department can guarantee that the Attorney General will not make the volume available to the public before 10 a.m. on Friday, if he does so at all.
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