Judge temporarily delays special prosecutor Jack Smith from releasing final report

Judge Aileen Cannon on Tuesday delayed special counsel Jack Smith from releasing his final report into his two Justice Department investigations into Donald Trump when he was president.

Cannon delayed the release until the court has time to review an emergency motion Monday that made such a request from two Trump co-defendants.

The report centers on two cases – Trump's alleged efforts to subvert the results of the 2020 election and him taking classified documents case when he left the White House in 2021.

Smith was set to publish the report ahead of Trump who on Jan. 20 will retake the White House for a second term.

Trump's lawyers also made a last-minute attempt Monday to halt the release, asking Attorney General Merrick, arguing the decision should rest with the incoming Trump administration and that releasing it would illegally interfere with the presidential transition.

Trump's legal team was reportedly allowed to review the two-volume report, which would present Smith's narrative of the evidence he gathered in the cases. 

Trump's co-defendants Walt Nauta and Carlos De Oliveira claimed in the request that Smith does not have the authority to serve as special counsel and should not have access to the materials in the report.

"Despite losing in court and having no valid appointment, Smith is determined to continue litigating this case in the court of public opinion," lawyers for Nauta and De Oliveira wrote.