The legal team representing President-elect Donald Trump has initiated a final attempt to prevent special counsel Jack Smith from disseminating his concluding report on two criminal cases that were dismissed against Trump.
In a correspondence directed at Attorney General Merrick Garland on Monday, Trump’s attorneys stated that they were entitled to examine Smith’s report regarding the criminal case in which Trump was accused of conspiring to retain classified documents post-presidency.
They warned of potential legal repercussions if the report is made public, highlighting that Smith’s findings contain serious allegations stating that Trump “engaged in an unprecedented criminal effort” and referring to him as “the head of the criminal conspiracies.”
The lawyers for Trump contended that Smith’s report is essentially a “politically-driven assault” and argued that divulging his findings concerning the classified documents case or an election interference matter that Smith is pursuing would unlawfully disrupt Trump’s transition to the presidency.
In this context, they claimed that Smith’s findings include “unfounded accusations against other prospective members of President Trump’s administration, representing a clear attempt to meddle in forthcoming confirmation hearings.”
With the charges against Trump dismissed, this final report represents Smith’s last opportunity to detail the outcomes of his investigation. According to Justice Department regulations, special counsels are required to submit reports on their findings, and attorneys general from both political parties have made these reports public in recent years—Robert Mueller’s report, which suggested links between Trump’s 2016 campaign and Russia, being one prominent instance.
“The disclosure of any private report created by this uncontrollable private citizen posing as a prosecutor would be an unconstitutional and unlawful political maneuver intended to harm President Trump,” argued Trump’s lawyers.
Concurrently, Trump’s former co-defendants in the Florida classified documents case have started their own initiative on Monday to prevent the release of Smith’s report.
Legal representatives for Walt Nauta and Carlos de Oliveira—two employees of Trump accused of aiding his alleged obstruction of the federal probe regarding the classified documents retained at his Mar-a-Lago estate—have petitioned U.S. District Judge Aileen Cannon to prohibit Smith from publishing his report until the case “has received a conclusive decision and any appeals are resolved.”
Cannon, a judge appointed by Trump, determined that Smith’s appointment was unconstitutional and dismissed the charges in July 2024.
The attorneys for Nauta and de Oliveira contended that releasing the report would infringe upon their clients’ rights, as prosecutors have initiated an appeal to restore charges against them. Last month, Smith’s team withdrew from the appeal and referred the case to Florida federal prosecutors.
