Former Special Counsel Jack Smith testifies before the House Judiciary Committee on Capitol Hill in Washington, D.C., U.S., January 22, 2026.
President Donald Trump attorneys have moved to block an attempt by FBI agents to clarify what they can say about the Mar-a-Lago classified documents investigation. They are defending a sweeping court order that has kept the final report of former special counsel Jack Smith from public view.
In a Wednesday filing, Trump's and his former co-defendants' attorneys praised U.S. District Judge Aileen Cannon’s restrictions on Volume II of Smith’s report, the part that details his inquiry into Trump’s handling of sensitive government records.
According to Law & Crime, the lawyers praised Cannon's "great care" in issuing the February order, arguing that nobody, including the FBI agents involved in the investigation, "could feign a right to speak freely" about unreleased findings.
"Absent the breadth of this Court's February 23 Order, nearly anyone involved in the underlying criminal investigation and prosecution or otherwise having knowledge of Volume II could feign a right to speak freely," the filing said.
With this stance, Trump’s legal team is in line with the Justice Department in going against the request from FBI personnel.
The FBI agents, some of them since let go, have been called to give information concerning an alleged conspiracy against Trump by the very officials who investigated him.
According to the agents, Cannon’s order has left them in the dark about what they can disclose to investigators without risking a contempt-of-court charge. Their lawyers requested that they be allowed to discuss their testimony publicly, including the DOJ interviews they took part in with their lawyers present.
"A grant of immunity does nothing to resolve this dilemma," the agents argued in an earlier filing, explaining that immunity from prosecution would not necessarily protect them from sanctions for violating Cannon's injunction.
On October 16, the Justice Department hit back, calling their claims "fear-mongering" and saying there is no way to get an advance ruling on questions they may be asked.
Trump’s lawyers made the same argument on Wednesday, insisting the secrecy provisions were put in place for a reason and should not be relaxed at the agents' request for assurances.
Cannon, appointed by Trump to the federal bench, dismissed the classified-documents prosecution in July 2024 after concluding that Smith's appointment as special counsel was unlawful. Therefore, charges were never brought against Trump and two co-defendants to be tested at trial.
In February 2026, she barred the DOJ from publicly releasing Volume II, keeping the Mar-a-Lago investigation report under seal. Other organizations have challenged the restrictions, arguing that the public should be able to see what Smith’s investigation uncovered.
Trump's Justice Department wants the agents who investigated the president to testify while defending an order they argue won’t allow them to speak freely.
Cannon is yet to rule on the agents' new request for clarification.
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