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Attorney General Merrick Garland told lawmakers Wednesday he believes it is in the public interest to release special counsel Jack Smith’s report covering the Mar-a-Lago documents investigation after the case against the two co -accused of President-elect Trump.
his letter to Leaders of the Judiciary Committee in both chambers reiterated much of what prosecutors have revealed in court: that Garland plans to release the volume of Smith’s report on Trump’s election interference case, but must wait to do so until the conclusion of a court battle spurred by the two co-defendants.
Garland has also said he will not release the volume of the report covering the investigation into the Mar-a-Lago documents given the ongoing case against valet Walt Nauta and property manager Carlos De Oliveira.
“I have determined that once these criminal proceedings are concluded, releasing volume two of the report to you and the public would also be in the public interest, consistent with the law and Department policy,” Garland said of the report covering the discovery of more than 300 classified trademark records at Trump’s home.
Whether he will ever get the chance to do so is another story.
Nauta and De Oliveira secured an initial victory over U.S. District Judge Aileen Cannon, who release blocked of any of the two volumes of the report.
The matter is now before the 11th US Circuit Court of Appeals, where the two co-defendants also challenged the release of the report.
Garland’s letter would normally notify Congress of the report’s impending release, but the court battle currently prevents that transmission.
Garland has also said he will allow the Judiciary Committee leaders to review the Mar-a-Lago report, which Nauta and De Oliveira are also challenging.
“The concern about leaks cannot be ignored; Congress is a political body; its individual members have political goals; and this is a political case,” lawyers for both men wrote Wednesday.
“Are they allowed to publicly share their views on the report? Are they allowed to discuss the case publicly, now that (they) have had access to confidential material that will inevitably shape how they view the case? Are they allowed to reveal their reactions to his own staff?”
But Garland’s plan to allow only four members of Congress to review the document.
Citing the House Oversight and Accountability Committee’s role in overseeing the National Archives, Rep. Gerry Connolly (D-Va.) wrote a letter to Garland asking him to also review the report at the Department of Justice (DOJ).
“The National Archives and Records Administration (NARA) is responsible for the collection and preservation of documents created or received by the President, including classified information. NARA played a central role in the case involving the deliberate retention of President Trump of classified documents after he left office, going so far as to refer the matter to the DOJ,” Connolly wrote.
“In light of the Committee’s legislative jurisdiction over presidential records, broad investigative jurisdiction, and interest in this matter, I urge the DOJ to make available volume two of the final report of Special Counsel Jack Smith to the Committee on Oversight and Government Reform,” he wrote. , adding that he hopes to review the documents before January 15.
It’s unclear when the 11th Circuit will rule, and the legal battle could complicate sharing either volume of the report.
With Trump about to take office in a little more than a week, and his Justice Department expected to drop the charges against Nauta and de Oliveria, as well as shelve the two volumes of the report
Updated at 10:49am EST
