U.S. District Judge Aileen Cannon ruled that a portion of a report prepared by special counsel Jack Smith regarding former President Donald Trump’s actions during and after the 2020 election can be publicly released. This report is seen as highly anticipated, given its potential to reveal details about two major investigations into Trump’s activities: one about his alleged attempts to overturn the 2020 election results, and another concerning classified documents he kept after leaving office.
Two Volumes: Election Case and Classified Documents Case
Jack Smith’s report is divided into two separate volumes. The first volume focuses on Trump’s efforts to remain in power despite losing the 2020 presidential election to Joe Biden. This section will be made available to the public shortly, according to Judge Cannon’s order. Smith had charged Trump with four federal crimes related to these efforts, including conspiracy to defraud the United States, but those charges were dropped after Trump won the 2024 election, following a Justice Department policy that prohibits prosecuting sitting presidents.
The second volume deals with Trump’s handling of classified documents, which he allegedly took with him when he left the White House in January 2021. Prosecutors had accused Trump of illegally keeping state secrets and working with his aides to obstruct attempts by the government to retrieve the documents. Judge Cannon ruled that this section should not be released at this time because criminal proceedings are still ongoing against two of Trump’s co-defendants—Walt Nauta, a former valet, and Carlos De Oliveira, a property manager at Trump’s Mar-a-Lago estate.
Concerns Raised by Defense Lawyers
Defense lawyers representing Nauta and De Oliveira raised concerns that releasing the classified documents section of the report could unfairly influence public opinion and harm their clients’ chances of a fair trial. Judge Cannon agreed with this argument, writing in her decision, “Release of Volume II, even on a limited basis as promised by the United States, risks irreversibly and substantially impairing the legal rights of defendants in this criminal proceeding.” She scheduled a hearing for Friday to discuss whether Congress can privately review the classified documents volume.
Trump’s Legal Team Opposes Release
Trump’s lawyers have been fighting hard to prevent any part of Jack Smith’s report from being released. They described the report as a “one-sided” and “unlawful” attack on the president-elect. They have also claimed that the report could be politically damaging, not only to Trump but to key members of his incoming administration. Despite these objections, Judge Cannon decided to allow the release of the election-related section, though Trump’s legal team could still appeal to a higher court.
Justice Department’s Position
The Justice Department, led by Attorney General Merrick Garland, has stated its intention to release the election-related section of the report as soon as legally permitted. Garland informed Congress that this part of the report would be made public to ensure transparency about the findings of Smith’s investigation. Prosecutors have also filed a motion with the 11th Circuit Court of Appeals, asking for immediate permission to share the classified documents volume with congressional leaders. However, Judge Cannon’s ruling has put those plans on hold.
Background on Jack Smith’s Investigations
Jack Smith, a former special counsel, was appointed by Attorney General Garland to investigate Trump’s actions during the 2020 election and his handling of classified documents. Smith’s appointment followed significant public and political pressure to hold Trump accountable for his post-election behavior and his possession of sensitive government materials. Smith formally stepped down from his role last week after submitting his final report to the Justice Department.
The investigations led by Smith have been controversial from the start. In the election case, Trump was accused of engaging in three separate conspiracies to overturn the election results, including by pressuring state officials and organizing false slates of electors. In the classified documents case, Trump was charged with violating national security laws by keeping sensitive documents at Mar-a-Lago and obstructing the government’s efforts to retrieve them. However, both cases were ultimately dropped after Trump’s electoral victory in 2024.
Controversy Surrounding Judge Cannon’s Role
Judge Cannon’s involvement in the Trump cases has been the subject of intense scrutiny. She was appointed to the federal bench by Trump himself and has previously issued rulings in his favor. For example, she dismissed the classified documents case earlier in 2024, arguing that Attorney General Garland lacked the legal authority to appoint Jack Smith as special counsel. That decision contradicted decades of established legal precedent and has been widely criticized by legal experts.
In her latest ruling, Judge Cannon maintained that she had jurisdiction over whether the classified documents section of Smith’s report could be shared with Congress. She argued that the release of this volume could prejudice the ongoing criminal proceedings against Nauta and De Oliveira. “The court is not willing to make that gamble on the basis of generalized interest by members of Congress, at least not without full briefing and a hearing on the subject,” she wrote.
What Happens Next?
Unless Trump’s legal team files a last-minute appeal, the Justice Department could release the election-related section of Jack Smith’s report as early as midnight on Tuesday. Meanwhile, the hearing scheduled for Friday will determine the fate of the classified documents section. If Judge Cannon continues to block its release, it may remain secret for an extended period, especially given Trump’s position as the sitting president.
This article is based on the following articles:
https://apnews.com/article/trump-special-counsel-aileen-cannon-d7be86dad89227f12a6f5aac3433b202
Background Information
1. Who is Jack Smith, and what is a Special Counsel?
Jack Smith is a lawyer who was appointed as a special counsel by the Attorney General. A special counsel is someone chosen to investigate and possibly prosecute cases when it’s important to have someone who is independent from regular government lawyers. In this case, Jack Smith was asked to investigate Donald Trump’s actions related to the 2020 election and his handling of classified documents. Special counsels are usually brought in when a situation involves high-ranking officials or sensitive political issues.
2. What happened in the 2020 election?
The 2020 election was between Donald Trump, a Republican, and Joe Biden, a Democrat. Joe Biden won the election. However, Trump and some of his supporters claimed that the election was unfair and tried to overturn the results by questioning how the votes were counted. These efforts eventually led to an attack on the U.S. Capitol on January 6, 2021, when a group of Trump’s supporters stormed the building where Congress was meeting to officially confirm Biden’s victory.
3. Why are classified documents important?
Classified documents contain sensitive information that could harm the country’s security if they fall into the wrong hands. When government officials leave office, they are required by law to return any classified documents they have. The case involving Trump is about whether he illegally kept classified documents after he stopped being president and whether he tried to block efforts to get them back.
4. What is the Justice Department, and who is the Attorney General?
The Justice Department is a part of the U.S. government responsible for enforcing laws. It investigates crimes, prosecutes people accused of breaking the law, and makes sure that justice is served. The head of the Justice Department is the Attorney General, who is like the government’s top lawyer. At the time of the investigations, the Attorney General was Merrick Garland, who appointed Jack Smith as the special counsel.
5. What is a federal judge, and what is their role?
A federal judge is someone who decides cases involving U.S. laws. In this situation, Judge Aileen Cannon is the judge overseeing some of the cases involving Trump. Judges make important decisions, such as whether certain evidence can be used, whether a report can be made public, or whether someone’s rights might be affected by sharing information.
6. Why can’t sitting presidents be prosecuted?
There is a long-standing policy in the U.S. that says a sitting (currently serving) president cannot be prosecuted. This rule exists because prosecuting a sitting president might interfere with their ability to lead the country. Once a president leaves office, they can be charged with crimes if there is enough evidence.
7. What does it mean to appeal a court decision?
If someone doesn’t agree with a judge’s decision, they can ask a higher court to review it. This is called an appeal. In this case, Trump’s lawyers and the Justice Department have both filed appeals about whether certain parts of Jack Smith’s report should be released. Appeals are reviewed by judges in higher courts, such as the Court of Appeals or even the Supreme Court.
8. What is Congress, and why is it involved?
Congress is the part of the U.S. government that makes laws. It has two parts: the House of Representatives and the Senate. In this case, some members of Congress want to see the full report about Trump’s actions because it could help them decide whether new laws are needed or whether any government officials should be held accountable.
9. What does “overturn an election” mean?
To overturn an election means to cancel or change the official result after it has been decided. In the U.S., elections are considered final once all votes are counted and confirmed. However, in 2020, Trump and his supporters tried to challenge the results by making claims about voting fraud. These claims were investigated, and no evidence of widespread fraud was found.
10. What is obstruction of justice?
Obstruction of justice is a crime that happens when someone tries to stop an investigation or make it harder for investigators to do their job. In the case involving classified documents, Trump was accused of working with his aides to block government efforts to get the documents back.
11. What is the importance of transparency?
Transparency means making information available so people can understand what happened. When a special counsel like Jack Smith writes a report, it’s often released to the public (or at least parts of it) so people can see what was investigated and what was found. This helps maintain trust in the government and shows that investigations were done fairly.
Debate/Essay Questions
- Should sitting presidents be immune from prosecution during their time in office?
- Did Judge Aileen Cannon make the right decision by blocking the release of the classified documents section of Jack Smith’s report?
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