The Department of Justice has asked Judge Cannon to “consider further action” following the indictment of a former government lawyer accused of improperly obtaining and altering files tied to Smith’s never publicly disclosed report.
The filing, submitted Monday by U.S. Attorney for the Northern District of Florida John Heekin, highlighted that it came through his office rather than the recused U.S. Attorney’s Office for the Southern District of Florida.
At the center of the case is Carmen Mercedes Lineberger, a former managing assistant U.S. attorney in the Southern District, who is accused of altering electronic file names in late 2025 and sending them to personal accounts despite a standing court order blocking release of Volume II of Smith’s report. Prosecutors allege she renamed files “chocolate cake recipe” and “bundt cake recipe” in an attempt to conceal the contents of an electronic copy of the report.
The DOJ said the alleged conduct also violated Cannon’s injunction barring release of the material, arguing it amounted to a breach of a court order still in effect during President Trump’s second term. The filing asked the court to consider potential sanctions or other appropriate action.
Lineberger has pleaded not guilty to charges including theft, record alteration, and concealment.
Cannon has previously ruled that Smith’s appointment was unlawful, a decision that led her to invalidate his prosecution of Trump and later block release of Volume II of the report. While she has not ordered destruction of the material, the issue remains under appeal before the 11th U.S. Circuit Court of Appeals, with arguments tentatively scheduled for late September.
