WASHINGTON –
A federal appeals court on Thursday rejected a proposal to block the general public release of special counsel Jack Smith’s report on US President-elect Donald Trump’s efforts to reverse his 2020 election loss.
The eleventh U.S. Circuit Court of Appeals rejected an emergency subpoena by Trump and his co-defendants in the key documents case, who’re fighting to keep the report secret, saying it’s one-sided and prejudicial.
However, the report won’t be published immediately and there isn’t a guarantee that it can be, as further legal disputes are expected. A lower court ruling by Trump-appointed U.S. District Judge Aileen Cannon temporarily blocking the Justice Department from releasing the report stays in effect for 3 days.
The defendants could also seek intervention from the conservative-dominated Supreme Court.
Justice Clarence Thomas, issuing an opinion last summer in step with a landmark ruling granting broad immunity to former presidents, signaled his deep doubts in regards to the authority of Justice Department special counsels.
Trump’s spokesman called Smith’s report “an unconstitutional, one-sided and full of lies.”
“It is time for Joe Biden and Merrick Garland to do the right thing and end the political weaponization of our justice system,” spokesman Steven Cheung said in an announcement after the ruling.
The Justice Department said Wednesday it plans to publish a volume detailing Smith’s findings on Trump’s efforts to overturn his 2020 election defeat, but will for now hold off on publishing the section on the Trump secret documents case while the lawsuit against him continues. his co-defendants.
The two-volume report is predicted to detail findings and explain charging decisions made in Smith’s two investigations, although the prospects for obtaining significant latest information are unclear given the extensive details already revealed in separate indictments against Trump.
The classified documents investigation was dismissed in July by Cannon, who found that Smith’s nomination was illegal. Smith’s appeal to dismiss charges against Walt Nauta and Carlos De Oliveira, who together with Trump were charged with obstruction of justice, continues to be pending, and their lawyers argued this week that the discharge of the report in the course of the proceedings can be prejudicial and unfair.
The election interference case was significantly narrowed by the Supreme Court’s ruling on presidential immunity. The court then ruled for the primary time that former presidents are entitled to broad criminal immunity, meaning Trump might be tried before all but the ultimate November election.
Smith’s team dropped each cases in November after President Trump’s victory, citing Justice Department policy that prohibits federal prosecutions of sitting presidents.
Justice Department regulations require special counsel appointed by the attorney general to file a confidential report after an investigation is accomplished. It is then up to the attorney general to resolve what ought to be made public.
