Donald Trump is seeking to prevent the public release of a report by special counsel Jack Smith, which summarizes the findings of his investigation that led to criminal charges against the former president.
Both cases, related to Trump’s efforts to overturn the 2020 election and his handling of classified documents, were dismissed after Trump won the November election. However, Smith has been preparing a final report for Attorney General Merrick Garland, summarizing the investigation.
Trump, 78, was accused of conspiring to overturn the 2020 election results and taking top-secret documents when he left the White House. The cases never went to trial, as Smith dropped them following the election, citing a long-standing Justice Department policy of not prosecuting a sitting president.
In a letter to Garland on Monday, Trump’s attorneys demanded that Smith “terminate all efforts toward the preparation and release” of his final report. The attorneys argued that rather than acknowledging Trump’s “complete exoneration,” Smith is seeking to release a report that perpetuates “false and discredited accusations.” They called Smith’s planned release of the report “unlawful” and claimed it was a “bad faith” move that could harm Trump politically.
Two of the attorneys who sent the letter, Todd Blanche and Emil Bove, have been appointed to key positions in Trump’s incoming Justice Department.
Garland’s decision on release
In a motion filed on Tuesday, Smith explained that his office was preparing a two-volume confidential report for Garland, outlining the prosecution decisions. Smith clarified that it is up to Garland to decide whether any part of the report should be made public.
Garland had previously allowed the release of a report by another special counsel, Robert Hur, who investigated President Biden’s handling of classified documents. Hur ultimately declined to pursue charges against Biden, although he noted the president’s “poor memory” in a politically charged aside.
Smith’s investigation led to charges against Trump for conspiracy to defraud the United States and conspiracy to obstruct an official proceeding—referring to the violent January 6, 2021, Capitol attack by Trump supporters aimed at disrupting the certification of Joe Biden’s victory.
Trump also faces two state cases: one in New York, where he was convicted of falsifying business records related to a hush money payment to porn star Stormy Daniels, and another in Georgia, where he faces racketeering charges for attempting to overturn the 2020 election results. The Georgia case may be put on hold while Trump serves as president.
Sentencing in the New York case is scheduled for Friday, though Judge Juan Merchan has indicated that he is unlikely to impose jail time.
