Judge Aileen Cannon said she will lift her near-yearlong injunction blocking the public release of special counsel Jack Smith’s report on President Trump’s handling of classified material at Mar-a-Lago, targeting Feb. 24 for unsealing. Cannon, however, allowed for possible legal challenges from Trump or from former co-defendants Walt Nauta and Carlos De Oliveira that could delay or prevent publication. The move follows her earlier ruling that Smith was unconstitutionally appointed and the Justice Department’s decision to drop its appeal and related prosecutions. Smith has testified to Congress but remains bound by grand jury secrecy from disclosing his full findings.
Judge Aileen Cannon Lifts Block On Jack Smith’s Classified-Documents Report — Feb. 24 Release Possible, But Legal Challenges Remain
U.S. District Judge Aileen Cannon on Monday moved to lift her nearly yearlong injunction that had prevented public disclosure of special counsel Jack Smith’s final report into President Donald Trump’s retention of classified material at Mar-a-Lago. Cannon set Feb. 24 as the date to lift the block, but she also left the door open to further legal challenges that could delay or prevent the report’s release.
The judge explicitly acknowledged that Trump or two former co-defendants identified in the investigation, Walt Nauta and Carlos De Oliveira, may seek judicial review to try to keep the report sealed. Cannon said her timetable could yield if a court finds legal claims that Smith’s findings should remain confidential.
Background
Cannon previously dismissed the criminal case against Trump after concluding that special counsel Jack Smith had been unconstitutionally appointed. The Justice Department appealed that decision while the appeal was pending and before the change in administrations. Prosecutors later abandoned the appeal and ultimately dropped the cases against Trump, Nauta and De Oliveira.
Shortly before President Trump’s inauguration, Cannon rejected a Justice Department request to unseal Smith’s final report on the classified-documents investigation. Trump has argued that Cannon’s ruling about Smith’s appointment supports permanently sealing the report. Meanwhile, Smith recently testified before Congress about aspects of his work as special counsel but remains constrained by grand jury secrecy rules and federal law from disclosing the full scope of his findings.
What Comes Next
With the injunction slated to be lifted on Feb. 24, the report could become public unless one of the interested parties files a timely challenge and obtains an order keeping it sealed. Any such legal move would likely trigger further court proceedings and could delay public access to Smith’s findings for weeks or months.
Why It Matters: The decision affects public access to a high-profile special counsel investigation and could set legal precedents about the disclosure of investigative reports when the appointment of the investigator is disputed.
