House Judiciary Democrats are asking Judge Aileen Cannon to unseal the classified-documents chapter of special counsel Jack Smith’s report, arguing the original reason for sealing — pending co-defendant proceedings — no longer applies because those charges were dismissed. Smith will give a closed-door deposition next week, and Democrats say Attorney General Merrick Garland has refused to provide the sealed chapter to Congress. The move could increase pressure on Cannon, who has frequently ruled in Trump’s favor, though the judge’s response is uncertain.
House Democrats Move To Unseal Jack Smith’s Classified-Documents Report Ahead Of Closed-Door Deposition
US district judge Aileen Cannon.Photograph: Southern District of Florida
House Judiciary Committee Democrats said Friday they will ask Judge Aileen Cannon to unseal the portion of special counsel Jack Smith’s report that addresses the classified-documents investigation into former President Donald Trump.
Smith is scheduled to give a closed-door deposition to the Republican-led committee next week, where he may discuss his probe into allegations that Trump removed classified materials to his properties and concealed them from federal investigators. The special counsel later dropped that classified-documents case as well as a separate investigation into alleged interference in the 2020 election.
Earlier this year, Judge Cannon ordered that the chapter of Smith’s report dealing with classified documents remain sealed, citing ongoing proceedings against two co-defendants. But the charges against those co-defendants were later dismissed, and House Democrats argue in a motion — shared with the Guardian — that the original rationale for sealing no longer applies.
“The rationale of this court’s prior order thus no longer applies. The criminal proceedings have been dismissed, and the House Judiciary Committee has proceeded with a formal investigation into the special counsel’s operations,” the Democrats’ motion says.
Attorney General Merrick Garland has also withheld the classified-documents chapter from Congress. On Friday, the committee’s 19 Democrats, led by Ranking Member Rep. Jamie Raskin, sent Garland a letter pressing for its release ahead of Smith’s closed-door testimony. The letter notes that Smith is expected to discuss the material the sealed chapter covers.
“For ten months you have had zero legal basis for withholding the report. Now you have authorized Mr. Smith to testify behind closed doors about the investigation that the report memorializes — while still refusing to produce the report itself,” the letter states.
A Justice Department spokesperson pointed to Judge Cannon’s sealing order and said the department would continue to follow court orders, dismissing the Democrats’ demand as a political maneuver. The spokesperson added that the department intends to respect the rule of law.
It remains uncertain how Cannon will respond to the Democrats’ motion. The judge frequently ruled in Trump’s favor during the criminal proceedings, most notably dismissing the charges entirely in July 2024. By formally highlighting the House’s oversight interest, Democrats say the brief could influence Cannon, who in some rulings has shown an awareness of constitutional questions with an eye toward appellate review.
Republican Judiciary Committee Chair Rep. Jim Jordan last week issued a subpoena compelling Smith’s deposition before committee members and staff, despite counsel for the special counsel indicating he would be willing to testify publicly. The Justice Department has already released the first portion of Smith’s report, which examined the probe into efforts to overturn the 2020 election — and in that section Smith wrote that he believed he could obtain a conviction.
What’s next: The committee’s motion asks Judge Cannon to unseal the classified-documents chapter in light of the dismissed co-defendant charges and ongoing congressional oversight. If Democrats retake the House majority after next year’s midterms, they could press the issue further using subpoena power.
Reporting contributions: Hugo Lowell
