Federal District Judge Cannon on Tuesday issued an order blocking the release of special counsel Jack Smith’s final report on investigations into President Trump. The decision halts the Justice Department’s plans to publish the report until the 11th U.S. Circuit Court of Appeals reviews an emergency motion from Trump’s co-defendants seeking to stop its release.
The dispute follows a series of late-night legal filings from Trump’s legal team and co-defendants Walt Nauta and Carlos De Oliveira. Both men argue that Smith’s appointment as special counsel was unlawful and that he lacks the authority to issue the report. Judge Cannon had previously ruled Smith’s appointment unconstitutional, effectively dismissing the classified documents case.
Trump’s attorneys reviewed a draft of the report earlier this month and threatened legal action if it is released. In a letter included in court filings, the attorneys, some of whom have been tapped for top roles in Trump’s incoming Justice Department, demanded advance notice of the report’s publication to “take appropriate legal action.”
Smith’s office outlined a timeline for the report’s finalization, stating it would not be submitted to Attorney General Merrick Garland until Tuesday afternoon and would not be released before Friday. The report is expected to include two volumes: one on the classified documents case and another on federal charges related to January 6.
Garland has indicated plans to share the report with Congress, subject to Justice Department redactions.
Defense attorneys for Trump’s co-defendants argue that releasing the report would create irreversible prejudice, especially as they remain bound by a protective order limiting what they can publicly say about the case. They contend that the report effectively serves as a “government verdict” against them, violating constitutional norms.
A spokesperson for the special counsel’s office declined to comment. Nauta and De Oliveira have requested an emergency hearing on the matter and asked the 11th Circuit to rule by Friday.
