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Judge Permits Release of Volume 1, Blocks Volume 2 of Smith’s Report on Trump Cases


A federal judge has authorized the release of volume one of Jack Smith’s report regarding investigations into Trump, but volume two remains blocked pending further legal evaluation.

A federal judge has approved the public release of volume one of special counsel Jack Smith’s final report concerning investigations linked to President-elect Donald Trump, while keeping volume two under restriction.

Volume one addresses Smith’s case on election interference involving Trump, whereas volume two pertains to the classified documents case.

In a Jan. 13 order, U.S. District Judge Aileen Cannon partially denied an emergency motion filed by two co-defendants of Trump—Walt Nauta and Carlos De Oliveira—to prevent the public release of the report. Nauta and De Oliveira had submitted an emergency motion to block the release of both report volumes, expressing concerns that it could compromise their pretrial rights.

Cannon agreed to their request to keep volume two confidential, as it relates to the classified documents investigation involving Trump where Nauta and De Oliveira are co-defendants. The judge stated that making volume two public would contradict the defendants’ right to a fair trial.

The Department of Justice (DOJ) argued that selectively releasing volume two to congressional leaders served the public interest but did not advocate for broader public access. Nauta and De Oliveira contended that any release of the volume, even if limited, could irreparably harm their legal position.

Cannon has scheduled a hearing for Jan. 17 to discuss the DOJ’s request for restricted disclosure of volume two to congressional leaders while keeping it from public access.

“The release of Volume II, even on a limited basis as proposed by the United States, risks irreparably and significantly impairing the legal rights of the defendants in this criminal case,” Cannon stated. “The Court is unwilling to take that risk based on generalized interest expressed by congressional members, at least not without complete briefing and a hearing on the issue.”

The judge mentioned that part of the hearing might need to be conducted confidentially to prevent portions of volume two from becoming public.

However, Cannon concurred with the DOJ’s view that volume one does not contain substantive references to the defendants or the classified documents case. Highlighting that there was “insufficient basis” to restrict the public release of volume one, she permitted its release.

Following Trump’s presidential election win, Smith sought to dismiss both the classified documents case and the election interference case against Trump, citing DOJ regulations concerning the prosecution of presidents. The motions to dismiss were filed “without prejudice,” indicating that charges could be reinstated once Trump completes his second presidential term. Nonetheless, the statute of limitations and the possibility of Trump pardoning himself could hinder any future prosecution.

Federal law mandates that special counsels compile a final report detailing their prosecutorial decisions and submit it to the attorney general, who has the ability to decide whether the report will be made public.

Attorney General Merrick Garland stated last week that both volumes of Smith’s final report would be released to the public once authorized by the courts.
Smith, who was appointed by Garland to investigate Trump in the two cases—election interference and classified documents—resigned from the DOJ on Jan. 10. His resignation concludes his criminal prosecutions of Trump over the past two years.

Trump has denied any wrongdoing in the cases and has continuously described the prosecutions as politically motivated.



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