AG Merrick Garland intends to release special counsel Jack Smith’s report on Trump’s election case

Attorney General Merrick Garland will release special counsel Jack Smith’s report on the 2020 election interference case against President-elect Trump if a federal court gives way, according to a court filing.

The Justice Department told the U.S. Court of Appeals for the 11th Circuit on Wednesday that, if an injunction is lifted, Garland intends to release the first volume of Smith’s final report in Congress and the public, covering allegations that Trump tried to illegally overturn the results of the 2020 presidential election.

However, Garland would not release volume two, which covers the classified documents case against Trump, as two defendants in that case still face criminal charges. Only the chairmen and ranking members of the House and Senate Judiciary Committees will be able to see volume two and will be prohibited from discussing the report publicly.

“This limited disclosure will further the public interest in keeping congressional leaders informed of an important matter within the Department, while safeguarding the interests of the defendants,” Justice Department lawyers said in response to a motion to block that the report be published.

FEDERAL JUDGE BLOCKS SPECIAL COUNSEL JACK SMITH FROM RELEASE FINAL REPORT

It is customary for special counsels to issue a final report, detailing the findings of their investigation and explaining any prosecution or declination decisions they have made. In Smith’s case, the prosecutor’s decision is irrelevant, given Trump’s status as president-elect and longstanding Justice Department policy. against filing criminal charges against a sitting president.

Smith had planned to release his final report sometime this month, as early as the end of this week. He will step down from his post before Trump takes office on January 20.

However, Trump’s co-defendants Walt Nauta and Carlos De Oliveira filed an emergency motion to block the impending release of Smith’s final report.

TRUMP’S FORMER CO-DEFENDANTS WANT JUDGE TO BLOCK SPECIAL COUNSEL JACK SMITH’S REPORT

U.S. District Judge for the Southern District of Florida, Aileen Cannon, ruled Tuesday in favor of Nauta and De Oliveira to “avoid irreparable harm.”

Cannon said Smith is “temporarily barred” from “releasing, sharing or transmitting the final report or any draft of that report outside the Department of Justice.”

The order remains in effect until three days after a decision is announced by the United States Court of Appeals for the 11th Circuit.

JUDGE GRANTS JACK SMITH’S REQUEST TO ACCOMPANY JAN. 6 CHARGES AGAINST TRUMP, Appeal withdrawn in FLORIDA DOCS case

Nauta and De Oliveira pleaded not guilty to federal charges alleging they conspired to obstruct the FBI’s investigation into classified documents found at Mar-a-Lago.

Smith was tapped by Garland in 2022 to investigate both the alleged effort by Trump and his allies to overturn the results of the 2020 election, as well as Trump’s keeping of allegedly classified documents at his Florida residence .

Trump pleaded not guilty to all charges.

Cannon this summer dismissed Smith’s case against Trump related to classified records, ruling that he was illegally appointed as special counsel.

CLICK HERE TO GET THE FOX NEWS APP

And in November, U.S. District Judge Tanya Chutkan dropped Smith’s charges against Trump in the 2020 election interference case. Smith also dropped her appeal of Cannon’s ruling in the records case classified

Garland has chosen to release the reports of two other special counsels whose investigations concluded during his tenure, releasing both the summary reports filed by John Durham, who was tapped by then-Attorney General Bill Barr in 2019 to review the origins of Trump-Russia. investigation and final report by Robert Hur, a former U.S. attorney he called in 2023 to investigate President Biden’s management. classified documents.

Fox News’ David Spunt and Brooke Singman contributed to this report.