A federal appeals court has rejected a request to prevent the public release of special counsel Jack Smith's report on President-elect Donald Trump's attempts to overturn his 2020 election defeat. The 11th U.S. Circuit Court of Appeals dismissed an emergency challenge from Trump and his co-defendants in a classified documents case, who argue that the report is biased and unfair.
Although the report will not be immediately disclosed, further legal battles are anticipated. A temporary injunction issued by U.S. District Judge Aileen Cannon, appointed by Trump, remains in effect for three days, preventing the Justice Department from releasing the report.
The defendants may seek intervention from the conservative-leaning Supreme Court. Justice Clarence Thomas has previously expressed reservations about the authority of Justice Department special counsels.
A spokesperson for Trump criticized Smith's report as unconstitutional and filled with falsehoods, urging President Joe Biden and Attorney General Merrick Garland to halt the politicization of the Justice system.
The Justice Department intends to publish a two-volume report outlining Smith's findings on Trump's efforts to challenge the election outcome. However, the section related to Trump's classified documents case will be withheld pending ongoing legal proceedings against his co-defendants.
The investigation into classified documents was dismissed by Judge Cannon, who deemed Smith's appointment as illegal. The appeal of charges against Trump's associates accused of obstructing the inquiry is ongoing.
Smith's team dropped both cases after Trump's re-election, citing Justice Department policy against prosecuting sitting presidents. Special counsels are required to submit a confidential report at the end of their investigations, leaving the decision on public disclosure to the attorney general.
