The Justice Department has filed an emergency motion with a federal appeals court to expedite the reversal of a judge's order that had prevented the agency from disclosing any part of special counsel Jack Smith's investigative report on President-elect Donald Trump.
This legal maneuver is the latest development in an ongoing court battle over the potential public release of Smith's report before Trump's inauguration on Jan. 20. The urgency to make the report public before Trump assumes office stems from concerns that the incoming Justice Department, which will include members of Trump's personal legal team in key positions, may obstruct the report from being revealed.
The Justice Department aims to unveil one portion of the two-volume report that focuses on Trump's attempts to overturn the 2020 presidential election results he lost to Democrat Joe Biden. However, the department has stated that it will withhold the second volume, which pertains to Trump's handling of classified documents at his Mar-a-Lago resort post-presidency, as long as criminal proceedings against two of Trump's associates are ongoing.
Although indictments were issued against Trump in both investigations, Smith's team dropped the cases following Trump's election victory, citing Justice Department policy against prosecuting a sitting president.
The 11th U.S. Circuit Court of Appeals recently denied a defense request to block the release of the report on election interference, which covers Trump's actions leading up to the Capitol riot on Jan. 6, 2021. The court upheld an injunction from a lower court judge appointed by Trump, preventing the report's disclosure until the appeals court resolves the matter.
Subsequently, lawyers for Trump's associates involved in the classified documents case sought to extend the injunction and requested a hearing to halt the report's release. In response, the Justice Department urged the appeals court to lift the injunction, arguing that the Attorney General has the authority to decide on the report's release.
Justice Department regulations mandate special counsels to produce reports at the conclusion of their investigations, typically making such documents public regardless of the subject matter. Previous administrations, including those of William Barr and Merrick Garland, have released special counsel reports on various matters.
