Former Special Counsel Jack Smith testifies before the House Judiciary Committee about his criminal investigation of U.S. President Donald Trump, on Capitol Hill in Washington, D.C., U.S., January 22, 2026. REUTERS/Kevin Lamarque
Judge Aileen Cannon has blocked another effort to obtain part two of special counsel Jack Smith's report regarding the documents President Donald Trump stole from the White House upon leaving in 2021. Among the documents Trump took and refused to return were a number of highly classified pages.
While there have been other instances of documents being packed for officials like Vice President Mike Pence and then Vice President Joe Biden, all other officials have been willing to return any documents requested. Trump refused to return the information, the AP characterized in 2023.
In her ruling on Monday, Cannon said that everyone involved with the Justice Department is "enjoined from releasing" the report. It was scheduled to be released to the public on Tuesday.
Reporter Mona Burns wrote on BlueSky, "Fitting on this crazy snowy morning: The always reliable and very corrupt Judge Aileen Cannon has permanently blocked the release of Jack Smith's classified documents report. Cannon says the release would be 'unfair' to Trump and his former co-defendants."
Slate legal reporter Mark Joseph Stern pointed out that Cannon "also bars DOJ from sharing 'any information or conclusions' from the volume. A sweeping, perpetual gag order."
"Cannon scathingly suggests that Jack Smith violated her order dismissing the criminal case against Trump when he continued to prepare his report on the prosecution from transmission to DOJ. Calls it a 'brazen stratagem' meant to 'circumvent' her authority," Stern added.
"Absurd. Also, what is the 'spirit' of a dismissal order?" questioned lawyer and analyst David R. Lurie.
"Cannon apparently considers Smith’s preparation of his final report as a violation of her order dismissing the classified documents case," commented Politico Washington law and lobbying reporter Daniel Barnes on X.
Former federal prosecutor and MS NOW legal commentator Joyce Vance noted, "A higher court may well disagree with Canon’s ruling, however. It wouldn’t be the first time. And the case is already on appeal to the 11th Circuit. I wrote about the context last night."
"That deadline was set after the Eleventh Circuit chastised Judge Cannon for dragging her feet in the matter. But when she finally got around to setting the date, she noted that Trump could appeal, which he, of course, did. Delay. Delay. Delay. Earlier this month, journalists who had previously intervened in the matter to force the release of the report went to the Eleventh Circuit," wrote Vance for her Substack.
"That court has expedited the matter, which means Trump and his supporters have briefs due next month. His delay game is still holding up, but unless the Supreme Court weighs in on his side again in a criminal matter, there’s a limited shelf life on this one. ... Other events to watch for this week: On Tuesday, Secretaries of State who have decided to participate will meet with the FBI on unspecified issues. We discussed that meeting here," she added.
The watchdog group American Oversight posted on X last week, "Trump is trying to convince Judge Cannon to destroy all copies of Volume II of Jack Smith’s report on Trump’s handling of classified documents. We warned AG Pam Bondi and top officials at the National Archives that this would break the law."
“The destruction of Volume II of Special Counsel Jack Smith’s report would be an extraordinary and unlawful erasure of a federal record documenting an investigation of profound public importance. The FRA imposes a clear and nondiscretionary duty on the DOJ and NARA to preserve federal records, regardless of pressure from the president and his co-conspirators or their pending motions before a court,” said Chioma Chukwu, Executive Director of the group, commented on matter in a statement.
“Special Counsel Smith testified under oath in Congress that the report documents powerful evidence that President Trump willfully retained highly classified information after leaving office, putting our national security at risk. Destroying the report would shield the president from public scrutiny and undermine the rule of law itself. Federal records belong to the American people, not to any president or administration seeking to bury the truth. If the DOJ or NARA permits the destruction of this report, they will be violating federal law," she added.
Former Barack Obama strategist David Axelrod said, "Man, if ever a judicial appointment paid off for Trump, it was this one! This classified documents case seemed like the most menacing to @realDonaldTrump . Judge Cannon blocked it on a technicality and now is permanently burying it from public view. SCOTUS here she comes!?!?"
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