Trump’s legal victories include Judge Cannon’s ruling last summer that Smith’s appointment was unconstitutional, a Supreme Court decision providing broad immunity for presidential actions and Smith’s recent acknowledgment that Trump should be dropped from two cases now that he has been reelected.
Trump’s defense lawyers are now raising questions about how these legal developments affect the longstanding practice of releasing special counsel reports to the public. Previous reports, such as those from special counsels Robert Mueller John Durham and Ken Starr, were made public.
Before Cannon’s order, the decision on what portions of the report would be publicly released was left to Attorney General Merrick Garland. However Cannon’s ruling blocks Smith and the Justice Department from moving forward with releasing the report while the 11th U.S. Circuit Court of Appeals reviews an emergency motion filed by Trump’s former co-defendants seeking to block the report’s publication.
The legal challenge comes amid a series of filings on Monday and Tuesday. Trump’s lawyers have reviewed a draft of Smith’s final report which addresses federal investigations into Trump. Trump and his co-defendants argue that Smith lacks the authority to even produce the report, and that its release would violate Justice Department policies and laws.
The situation is unfolding just weeks before Trump’s inauguration which will result in a shift in the Justice Department’s leadership largely comprised of officials chosen by Trump’s defense team. This adds a political layer to the legal battle as the office of special counsel was created to protect investigations from political influence.
The legal dispute now moves to the 11th Circuit Court, with Cannon’s order preventing the release of the report until the appeals court considers the request from Trump’s former co-defendants. Cannon’s order did not distinguish between the two sections of the report one related to the classified documents investigation and the other to the investigation into election interference.
Trump’s legal team argues that both volumes of the report should remain confidential, citing overlap in evidence and the potential impact on ongoing legal proceedings involving his co-defendants. Additionally they point to the precedent set by previous Justice Department practices including the fact that special counsel reports are often redacted, especially in cases with ongoing investigations.
Attorney General Garland has indicated plans to release the report to Congress, with redactions as necessary. However, the timing of any public release is uncertain as it will depend on the appeals court’s ruling. The fast-moving legal situation underscores the tension between legal procedures and the political realities of the incoming administration.
