Attorney general Merrick Garland intends to release the first part of the highly-anticipated special counsel report into Donald Trump’s efforts to overturn the 2020 election but will withhold the second part about Trump’s retention of classified documents, the justice department said on Wednesday.
The full report by the special counsel, Jack Smith, will also be made available to the top Democrat and Republican on the House and Senate judiciary committees as long as they agree to keep the contents of the second part confidential, the department also said.
Exactly when the first part of the report will become public remains unclear, since it is still temporarily blocked by a court order issued by the federal judge who presided in the documents case. The justice department’s intentions were disclosed in a court filing challenging the order.
The move to make the report public still faces several hurdles. Even if the 11th circuit quickly rules in favor of release, Trump is expected to make a final challenge to the supreme court in an effort to buy time and shred the report before his 20 January inauguration.
Ever since Trump won the election, ending the possibility of the cases going to trial, Smith has been preparing a final report into the Trump cases and their charging decisions, as is required under the special counsel regulations at the end of a case.
The report is confidential and first gets sent to the attorney general, who has the power to decide how much becomes public. Garland had previously pledged to publish at least some of it, and the justice department’s court filings suggest the entire first volume will be released.
Trump’s lawyers, including Todd Blanche who has been tapped by Trump to be his incoming deputy attorney general, reviewed a draft version of the report over the weekend in Washington and took issue with its findings but also with its very existence.
The lawyers objected to Smith even being allowed to complete a report and asked that Garland remove him from his post. If Garland disagrees and Smith produces a report, the decision on whether it should become public should be left to the incoming attorney general, the lawyers suggested.
The lawyers leaned heavily into their contention that Smith was improperly appointed because he was not confirmed by the Senate before he took the job – the basis on which the US district judge Aileen Cannon dismissed the classified documents case against Trump.
The Trump legal team also argued that the release of the report would unfairly prejudice Walt Nauta and Carlos De Oliveira, Trump’s former co-defendants in the documents case, against whom the justice department is separately trying to resurrect the case on appeal.
On Tuesday, Cannon granted a temporary injunction that prohibited the justice department from releasing the report outside of the agency until three days after the 11th circuit decided the matter.
To get around the documents case situation, the special counsel’s team told the 11th circuit in its reply brief on Wednesday that it would withhold the second part of the report that discusses Trump’s retention of classified documents at Mar-a-Lago and his efforts to obstruct justice.
“This limited disclosure will further the public interest in keeping congressional leadership apprised of the significant matter within the Department while safeguarding defendants’ interests,” the filing said.
