(WASHINGTON) — The Department of Justice is continuing its push to release the remaining volume of special counsel Jack Smith’s final report to select members of Congress.
In an overnight court filing, Justice Department attorneys pushed back on Trump’s former co-defendants in his classified documents case, saying their argument seeking to block the release of that portion of Smith’s report “rests entirely on conjecture.”
Last week, U.S. District Judge Aileen Cannon — who last year dismissed the classified documents case — temporarily blocked Attorney General Merrick Garland from making the volume available to the chairmen and ranking members of the House and Senate Judiciary Committees, and on Monday set a hearing for this Friday to consider Trump’s former co-defendants’ argument that the limited release would be prejudicial to their case as the government appeals Cannon’s dismissal.
Lawyers for the Justice Department and U.S. Attorney Markenzy Lapointe argued in the filing that co-defendants Walt Nauta and Carlos De Oliveira have failed to show how a federal judge in Florida has the right “to intrude on the Attorney General’s prerogative to manage the Justice Department’s interactions with Congress.”
Lawyers for Nauta, a longtime Trump aide, and De Oliveira, a member of Trump’s Mar-a-Lago staff, have claimed that they would be harmed by leaks of the report, but prosecutors highlighted that the few members of Congress permitted to see the report would be bound by confidentiality, and would be limited to an on-camera review of the report in which they would be prohibited from taking notes.
“[T]his argument rests entirely on conjecture and disregards the options available to the Court to protect the Defendants from prejudice were this speculative chain of events to come to pass,” the filing said.
Prosecutors added that similar precautions were used successfully when members of Congress reviewed FBI reports referenced in special counsel Robert Mueller’s final report on Russian interference in the 2016 election. They also argued that the defense arguments about the constitutionality of special counsel Jack Smith’s appointment would not impact Garland’s ability to release the report.
“The Attorney General thus has authority to decide whether to release an investigative report prepared by his subordinates,” the filing said.
The Justice Department on Tuesday released the first volume of Smith’s report covering his election interference case against Trump, after Cannon ruled that its contents have no bearing on the evidence or charges related to Nauta and De Oliveira in their ongoing case.
Trump pleaded not guilty in 2023 to 40 criminal counts related to his retention of classified materials after leaving the White House. The former president, along with Nauta and De Oliveira, pleaded not guilty in a superseding indictment to allegedly attempting to delete surveillance footage at Trump’s Mar-a-Lago estate.
Trump later pleaded not guilty to separate charges of undertaking a “criminal scheme” to overturn the results of the 2020 election in an effort to subvert democracy and remain in power.
Both cases were dismissed following Trump’s reelection in November due to a longstanding Justice Department policy prohibiting the prosecution of a sitting president.
Smith, in his final report on the Jan. 6 probe, expressed his certainty that Trump would have been convicted on multiple felonies for his alleged efforts to unlawfully overturn the results of the 2020 election, had voters not decided to send him back to the White House in 2024.
Smith resigned as special prosecutor last week after wrapping up the cases and submitting his report to Garland.
Copyright © 2025, ABC Audio. All rights reserved.
