Attorneys for President Trump, his former co-defendants, and the Department of Justice filed briefs Monday defending U.S. District Judge Aileen Cannon’s decision to permanently block the release of former special counsel Jack Smith’s final report on the Mar-a-Lago classified documents case.
The filings came as appeals continue before the 11th U.S. Circuit Court of Appeals over Cannon’s order preventing the DOJ from releasing Volume II of Smith’s report outside the department, which covers the classified documents investigation.
Trump, Walt Nauta, and Carlos De Oliveira argued Cannon acted within her authority, accusing Smith of attempting to justify a prosecution after Cannon dismissed the case in 2024, ruling that Smith’s appointment as special counsel was unconstitutional.
The DOJ also backed Cannon’s ruling, arguing the report contains sensitive material involving grand jury information and protected legal matters, and that the judge had discretion to deny outside groups access.
American Oversight and the Knight First Amendment Institute had sought access to the report. Senate Judiciary Committee Democrats urged the appeals court to allow congressional review, arguing concerns about sensitive information could be addressed through redactions or a private review rather than blocking access entirely.
The 11th Circuit will decide whether Cannon’s order preventing release of the report remains in place.
