Judge Aileen M. Cannon has paved the way for the Justice Department to release a portion of a report written by special counsel Jack Smith, which outlines his rationale for charging President-elect Donald J. Trump with conspiring to overturn the 2020 election results.
Her ruling permits the Justice Department to release this portion of the report as early as Monday night or Tuesday morning, though Trump’s legal team retains the option to seek an emergency block from an appeals court or the Supreme Court.
What About the Rest of the Report?
The Justice Department intended to share the classified documents-related section of the report privately with congressional leaders, citing ongoing legal proceedings involving two co-defendants, Walt Nauta and Carlos De Oliveira. However, attorneys for the co-defendants argued that sharing the report with Congress posed risks, including potential leaks.
Judge Cannon will require prosecutors and defense attorneys to appear in court on Friday, January 17th, to debate whether the Justice Department could share with Congress the section of Smith's report pertaining to Trump’s refusal to return classified documents after leaving office.
Judge Cannon will not make a final decision on this portion of the report being released to Congress until after Friday’s hearing.
