A criminal defense lawyer for President Trump has asked U.S. District Judge Aileen Cannon to permanently bar the DOJ from releasing Volume II of former Special Counsel Jack Smith’s final report tied to the dismissed Mar-a-Lago classified documents case.
In a 19-page expedited motion, attorney and former senior Justice Department ethics official Kendra Wharton argued that Cannon’s July 2024 dismissal of the Espionage Act and obstruction charges established that Smith was unlawfully appointed and funded, rendering all of his actions void, including the preparation of his “so-called ‘Final Report.’” Wharton urged Cannon to extend and convert her existing injunction into a permanent order blocking any public disclosure.
Cannon dismissed the case after ruling that then–Attorney General Merrick Garland unlawfully appointed Smith and funded his office through a permanent appropriation, citing in part Justice Clarence Thomas’ concurrence in Trump v. United States, and an injunction blocking release of Volume II has remained in place since Jan. 21, 2025. After President Trump’s inauguration, Attorney General Pam Bondi’s DOJ dropped Smith’s appeal, while Volume I was released and liberal groups American Oversight and the Knight First Amendment Institute moved to lift the injunction and make Volume II public.
With Smith scheduled to testify publicly before the House Judiciary Committee, Trump is seeking an order permanently barring Smith and the DOJ from releasing or discussing the contents of Volume II. Wharton argued that Smith’s “preparation and submission of Volume II” was ultra vires and “void,” calling American Oversight and the Knight Institute “so-called” and “purported” nonpartisan organizations and linking American Oversight’s leadership to Rep. Jamie Raskin.
“Because President Trump is a former defendant in this since-dismissed criminal action, he unquestionably has direct, substantial, and compelling interests in obtaining a protective order,” the motion stated, arguing that public release would “improperly endorse and give legal effect to Smith’s unlawful investigation and prosecution” and cause irreparable harm.
Wharton characterized Volume II as an “inherently biased and one-sided document” detailing allegations related to classified materials at Mar-a-Lago and alleged obstruction, and said its preparation after the case was dismissed reflected Smith’s “apparent disdain and disrespect for this Court’s rulings.”
Trump asked Cannon to rule before the injunction’s Feb. 24 expiration and permanently prohibit the DOJ and any current or former officials from releasing, distributing, or sharing Volume II or its contents outside the Department of Justice.
