DOJ to release special counsel’s J6 report on Trump — his lawyers expected to object: report

08 January

The U.S. Department of Justice has announced in a filing that it intends to publicly release Special Counsel Jack Smith’s report on his investigation and prosecution of Donald Trump for alleged interference with the 2020 presidential election, including his role in the January 6 insurrection, but will hold his report on the classified documents portion of his work while two of the President-elect’s co-defendants remain on trial in that case.

The classified documents portion of the report, officially “Volume Two,” will be available to the Chairmen and Ranking Members of the House and Senate Judiciary Committees, DOJ noted, “upon their request and agreement not to release any information from Volume Two publicly.” Volume One, the 2020 election interference portion, DOJ says, will also be made available to Congress.

U.S. District Judge Aileen Cannon, a Trump-appointee, temporarily blocked the release of the Special Counsel’s report on Tuesday, NBC News reported. Lawyers for Trump’s co-defendants, Walt Nauta and Carlos De Oliveira, had “filed a motion Monday night asking … Cannon to block the report, citing her previous ruling that Smith’s appointment was unconstitutional.”

Legal experts say Judge Cannon has no jurisdictional authority to block the release of the report.

The DOJ’s announcement on its intention to release Volume One did not indicate a timeline, but NBC News producer Daniel Barnes, who covers the federal courts and the Justice Department, offered some insight: “The timing of Volume One’s release is now in the hands of the 11th Circuit. Judge [Aileen] Cannon’s injunction from yesterday lasts until three days after the circuit rules, but DOJ is asking the circuit to immediately vacate that order.”

But, as The Guardian’s Hugo Lowell reports on the DOJ’s intent release Volume One, “Trump lawyers will almost certainly contest this per people familiar — they view Judge Cannon’s injunction as being binding on the ENTIRE two-volume report.”

The DOJ’s filing, posted by Lawfare senior editor Anna Bower, stated: “The Attorney General intends to release Volume One to Congress and the public consistent with 28 C.F.R. § 600.9(c) and in furtherance of the public interest in informing a co-equal branch and the public regarding this significant matter.”

“But to avoid any risk of prejudice to defendants Nauta and De Oliveira, the Attorney General has determined, at the recommendation of the Special Counsel, that he will not publicly release Volume Two so long as defendants’ criminal proceedings remain pending,” the filing also reads. “For the time being, Volume Two will be made available for in camera review only by the Chairmen and Ranking Members of the House and Senate Judiciary Committees upon their request and agreement not to release any information from Volume Two publicly. This limited disclosure will further the public interest in keeping congressional leadership apprised of a significant matter within the Department while safeguarding defendants’ interests.”

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