After years of efforts aimed at incarcerating President Donald Trump, much of Jack Smith’s work may ultimately remain undisclosed. As he departed from his role, the former special prosecutor faced a final setback from Florida U.S. District Judge Aileen Cannon, who determined that Smith would not be permitted to present his findings regarding the classified documents case to Congress. Judge Cannon’s ruling on Tuesday bars the U.S. Department of Justice from forwarding copies of Smith’s report to the House and Senate Judiciary committees.
In her decision, Cannon stated that there is “no urgent need” for Smith to update lawmakers on his investigation, particularly since Trump has been elected and possesses the authority to dismiss his own federal cases. She noted, “Given the very strong public interest in this criminal proceeding and the absence of any enforceable limits on the proposed disclosure, there is certainly a reasonable likelihood that review by members of Congress as proposed will result in public dissemination of all or part of Volume II.”
Earlier this month, Smith published his initial report on the election interference case, which primarily utilized publicly available information and did not provide significant new insights into Trump’s statements regarding the 2020 election. However, the anticipated release of the classified documents report would reveal “detailed and voluminous” information explaining the charges against Trump, much of which “has not been made public in court filings,” according to the judge.
Cannon also criticized former U.S. Attorney General Merrick Garland for hastening the timeline “to comply with the historical practice of all Special Counsel” before the conclusion of the Biden-Harris administration. She remarked, “These statements do not reflect well on the Department. There is no ‘historical practice’ of providing Special Counsel reports to Congress, even on a limited basis, pending conclusion of criminal proceedings. In fact, there is not one instance of this happening until now.”
Cannon also challenged Garland’s claim that lawmakers require education regarding Trump’s handling of classified documents. She stated, “There is no evidence of any forthcoming legislative actions that would benefit from the proposed release of Volume II to the designated members of Congress.”
“The role of prosecutors within our criminal justice system is unique, and they are both entrusted and expected to pursue justice,” the judge remarked. “The Department of Justice’s stance on the Defendants’ Emergency Motion concerning Volume II has not adhered to that responsibility.”
In 2021, Garland indicted Trump along with two aides, Walt Nauta and Carlos De Oliveira, after the U.S. National Archives alleged that Trump had failed to return classified documents in his possession. Last year, Judge Cannon dismissed the charges against Trump, determining that Smith had been improperly appointed by Garland. Nauta and De Oliveira are currently appealing the case.
