Special counsel Jack Smith announced on Tuesday that his team is finalizing a two-volume report on its investigations into President-elect Donald Trump. The report is anticipated to shed light on charging decisions made in separate investigations, including Trump's hoarding of classified documents at his Mar-a-Lago estate and his attempts to overturn the 2020 presidential election results leading up to the January 6, 2021, Capitol riot.
In the classified documents case, Trump was charged alongside two codefendants, but the case was dismissed in July by a judge appointed by Trump. Another case involving election interference was narrowed by a Supreme Court ruling on presidential immunity. Both cases were abandoned in November following Trump's presidential victory due to Justice Department policy prohibiting the federal prosecution of sitting presidents.
Defense lawyers for Trump have requested the report be blocked from public release, citing concerns about the impartiality of the special counsel. They urged Attorney General Merrick Garland to either prevent the report's release or remove Smith from his position promptly. The lawyers argue that the report's disclosure would be a politically motivated move to harm Trump.
Smith's team responded to the request by stating that one volume of the report, specifically regarding the classified documents investigation, would not be made public before 10 a.m. Friday. The Justice Department regulations require special counsels to submit a confidential report at the conclusion of their investigations.
Garland has a track record of making public the reports produced by special counsels under his supervision, such as Robert Hur's report on President Joe Biden's handling of classified information and John Durham's report on the FBI's Russian election interference investigation.
