Judge Cannon blocks special prosecutor Jack Smith's office from releasing classified docs report

The so-called documents case refers to Smith's probe into whether Trump left the White House in 2021 with classified documents.

Published: January 21, 2025 4:07pm

A federal judge in Florida on Tuesday blocked the office of ex-Justice Department special counsel Jack Smith from releasing a final report on Smith's classified documents case against President Donald Trump, arguing the release would deny a fair trial to two former Trump co-defendants.

“Never before has the Department of Justice, prior to the conclusion of criminal proceedings against a defendant – and absent a litigation-specific reason as appropriate in the case itself – sought to disclose outside the Department a report prepared by a Special Counsel containing substantive and voluminous case information. Until now," wrote South Florida US District Judge Aileen Cannon, a Trump appointee, in her 14-page order.

Referring to co-defendants Walt Nauta and Carlos De Oliveira, Cannon continued: “Meanwhile, on the other side of the balance, there are two individuals in this action, each with constitutional rights to a fair trial, who remain subject to a live criminal appeal of this Court’s Order Dismissing the Superseding Indictment."

The so-called documents case refers to Smith's probe into whether Trump left the White House in 2021 with classified documents that he wasn't entitled to have. 

Cannon threw out the case this past summer, after determining Smith had been unconstitutionally appointed by Attorney General Merrick Garland.

Smith wanted, as he was resigning earlier this month, to disclose details of his lengthy probe to members of Congress, before either defendant headed to trial, according to the New York Post

An appeals court is still considering a request by Nauta and De Oliveira to dismiss Smith’s indictment.

Cannon’s order prevents the report from being released or shared until 30 days after the court rules on the appeal by the defendants, respectively, a Trump valet and an employee at Trump's Mar-a-Lago, Florida, residence. 

 

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