washington — The Justice Department urged a federal appeals court in Atlanta on Wednesday to clear the way for the release of portions of Special Counsel Jack Smith’s report detailing the investigation into President-elect Donald Trump.
The government wrote in court documents filed with the 11th Circuit Court of Appeals that Attorney General Merrick Garland decided not to release Smith’s report covering the confidential documents case as long as criminal proceedings involving co-defendant Walt Nauta were ongoing. Yes. Carlos de Oliveira is standing by.
But Garland plans to present the first volume of the Smith Report on the investigation and prosecution of Trump in the 2020 election to Congress and the public.
The prosecution urged on the 11th, “It is unnecessary to apply for a preliminary injunction because the Attorney General decided not to release the second volume of the final report to the public while the defendant’s case, which is part of the legal proceedings against the defendant, is pending.” Circuit denies motion for emergency injunction.
They pointed out that Smith sent his report to Garland on Tuesday and wrote in a cover letter to the attorney general that sections pertaining to Nauta and de Oliveira should not be released to the public while their cases are pending.
Garland sent a letter to the House and Senate Judiciary Committee chairs and ranking members on Wednesday formally informing them that Smith has concluded his investigation, completed his report, and that the report is ready to be made public. Garland reiterated that he would not do so unless the court cleared the way, and even if he did, he would not release volumes related to the confidential document investigation because of the pending case.
Justice Department lawyers said a redacted version of Volume 2 of the report, which included allegations of mishandling of classified documents, would be made available upon request for review only to top Republicans and Democrats on the House and Senate Judiciary Committees. You agree not to disclose the information publicly.
“This limited disclosure will advance the public interest in keeping congressional leadership informed of important issues within the Department while protecting the interests of the defendants,” prosecutors wrote.
The report comes in response to efforts by Trump’s former co-defendants, aide Nauta and former Mar-a-Lago employee de Oliveria, to stop its release. They argued that their case would be harmed if the special counsel’s report were made public as appeals continued in the case.
meAttorneys for Nauta and de Oliveira later filed a lawsuit in the 11th Circuit Court, asking the appeals court to send the dispute back to Cannon and the district court for a hearing and to stop Garland and the Justice Department from issuing Smith’s final report in the meantime. I did it.
“The hearing is necessary to prevent federal overreach in seeking to achieve political goals at the expense of individuals’ rights to a fair trial,” attorneys for Nauta and de Oliveira wrote.
Allowing House and Senate Judiciary Committee leaders to view the second volume of the report “reflects an inappropriate attempt to remove from district courts the responsibility for overseeing and controlling the flow of information related to the criminal trials over which they preside. “It instead places that role in the hands of the prosecuting authority, which, unlike the trial court, has a vested interest in advancing its own account of culpability,” they said.
Earlier this week, lawyers asked the appeals court and Judge Eileen Cannon, who oversaw and dismissed the Trump classified documents case, to block Smith and Garland from publicly releasing a summary of the special counsel’s findings. The cannon gave the order on Tuesday. Temporary ban on Ministry of Justice From publication of the report until the matter is decided by the 11th Circuit.
The ongoing lawsuit is part of an effort by President Trump and his associates to prevent federal prosecutors from disclosing the contents of the Smith report. Smith said he had prepared a two-volume report for the attorney general, which prosecutors said was submitted Tuesday evening. Garland promised to make available to the public all special counsel reports completed during his term, and he has kept that promise so far, including after the investigation into President Biden’s handling of classified records.
Smith led two now-defunct investigations into the president-elect. It is related to his efforts. Based on President Trump’s accusations of resisting the peaceful transfer of power and overturning the results of the 2020 presidential election. Sensitive government records were kept illegally. After Trump leaves office in 2021. The investigation resulted in criminal charges against Trump; Since then I was fired. Trump initially pleaded not guilty and denied any wrongdoing.
The special counsel and his office withdrew from the case after the 11th Circuit agreed to dismiss an appeal involving Trump, who won re-election in November. It is currently overseen by the U.S. attorney for South Florida and other Department of Justice attorneys.
Nonetheless, Trump’s lawyers urged Garland to remove Smith from his position. quit regarding the release of the report, according to a letter included in court documents Monday.
“Because Smith has proposed illegal actions, we must rescind his plan and remove him immediately. If Smith is not removed, processing of his report must be postponed in accordance with the stated will of President Trump’s next Attorney General,” Trump said. the defense team wrote.
However, prosecutors told the 11th Circuit Court of Appeals that the president-elect did not make any request to the appellate court and that there was no basis for seeking to block the release of the first volume of the final report containing details of the investigation. Indictments stemming from attempts to overturn the results of the 2020 election.
Trump indicted in classified documents case With Nauta And de Oliveira hatched a plan to obstruct the federal investigation. Both men pleaded not guilty.
Smith ultimately withdrew the Trump indictment, citing a Justice Department rule that prohibits indicting a sitting president. But he decided to continue appealing Cannon’s decision. dismiss the case Overturned the ruling that special prosecutors were illegally appointed against Nauta and de Oliveira.
As a result, the defendants attempted to halt their release while the case progressed.
At a news conference Tuesday, Trump called Smith a “bad person” and praised Cannon, whom he appointed as a federal judge during his first term, as a “great judge.”
