Appeals court denies effort to block release of Jack Smith’s final report on Trump probes
Jefferson Siegel-Pool/Getty Images
(WASHINGTON) — A panel of judges on the Eleventh Circuit Court of Appeals, in a ruling Thursday night, denied an effort to block the release of special counsel Jack Smith’s final report on his two investigations into Donald Trump.
U.S. Judge Aileen Cannon, who dismissed Trump’s classified documents case, temporarily blocked the report’s release on Tuesday, while the matter was considered by the Eleventh Circuit.
The Eleventh Circuit, in its decision, declined to immediately overturn Judge Cannon’s temporary injunction, instead ruling that the Justice Department can file a separate appeal if they want to release the report earlier than this Sunday, when Cannon’s injunction expires.
The Justice Department subsequently notified Judge Cannon of their intent to appeal her injunction blocking the report’s release, according to a court filing.
Attorney General Merrick Garland, in a letter to Congress informing them Wednesday that Smith had concluded his investigations, acknowledged that he was, at that time, barred by Judge Cannon from releasing the report outside of the Justice Department, but that he intended to make Volume One of the report, regarding Trump’s efforts to subvert the 2020 election, available to the public once he is “permitted to do so” by the courts.
Garland, in the letter, confirmed that he plans to make available Volume Two of the report, pertaining to Trump’s classified documents case, available to leaders of the House and Senate Judiciary Committees for closed-door review as soon as the Eleventh Circuit permits him to do so.
“Consistent with local court rules and Department policy, and to avoid any risk of prejudice to defendants Waltine Nauta and Carlos De Oliveira, whose criminal cases remain pending, I have determined, at the recommendation of the Special Counsel, that Volume Two should not be made public so long as those defendants’ criminal proceedings are ongoing,” Garland wrote.
“I have determined that once those criminal proceedings have concluded, releasing Volume Two of the Report to you and to the public would also be in the public interest, consistent with law and Department policy,” he wrote.
Garland’s letter was addressed to Sens. Chuck Grassley, R-Iowa, and Dick Durbin, D-Ill., and Reps. Jim Jordan, R-Ohio, and Jamie Raskin, D-Md.
Trump’s lawyers filed an amicus brief with the Eleventh Circuit late Wednesday, arguing that the release of the report would harm the transition to his presidency.
“The report is nothing less than another attempted political hit job whose sole purpose is to disrupt the presidential transition and undermine President Trump’s exercise of executive power,” Trump’s lawyers wrote.
Trump’s lawyers argued that the release of the report would be “worse” than the four indictments Smith brought against the former president, by offering a “one-sided” view of the evidence without giving Trump the ability to defend himself.
“The Final Report goes into more detail about the alleged crimes President Trump and others supposedly committed and involves evidence that was never released to the public–indeed, evidence that could not be released, such as those involving official acts,” the filing said.
Trump’s lawyers claimed that Cannon’s decision deeming Smith’s appointment unconstitutional taints the report — which they described as an “extension of the unlawful acts of an unconstitutionally appointed and funded officer” — which should prohibit Garland from releasing it.
“Garland simply functions as a mouthpiece for the unconstitutionally-appointed Smith,” the filing said.
Trump downplayed the significance of the report at a press conference earlier this week.
“It’ll be a fake report, just like it was a fake investigation,” Trump said at his Mar-a-Lago estate.
Trump pleaded not guilty in 2023 to 40 criminal counts related to his handling of classified materials after leaving the White House, after prosecutors said he repeatedly refused to return hundreds of documents containing classified information and took steps to thwart the government’s efforts to get the documents back. He 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.
Smith has been winding down his cases against the former president since Trump was reelected in November, due to a longstanding Department of Justice policy prohibiting the prosecution of a sitting president.
(WASHINGTON) — President-elect Donald Trump’s pick for defense secretary Pete Hegseth met on Wednesday with another moderate Republican whose vote will be closely watched in his confirmation battle.
Hegseth sat down with Maine Sen. Susan Collins as he continues to make the rounds to shore up support amid allegations of sexual impropriety and other misconduct, which he denies.
Afterward, he described it as a “great meeting.”
“Office after office, having the opportunity to spend time with these senators who have invested their careers in ensuring that our warfighters get what they need, has been amazing educational process,” Hegseth said. “And Senator Collins, like her colleagues before her reiterated that.
“It was a wonderful conversation focused on what needs to be done to make sure this Pentagon is focused on warfighting and lethality, and we look forward to stay in touch with her,” he added.
Hegseth added he was “certainly not going to assume anything about where the senator stands” as he was peppered with questions by reporters.
Collins called it a “good, substantive discussion” for more than an hour on everything from women’s role in the military and sexual assault in the military to Ukraine and NATO.
“I asked virtually every question under the sun,” Collins said. “I pressed him on both his position on military issues as well as the allegations against him.”
Collins did not voice support for Hegseth, instead saying she’d wait until further vetting of Hegseth before deciding how to vote.
“I, obviously, always wait until we have an FBI background check, and one is underway in the case of Mr. Hegseth, and I wait to see the committee hearing before reaching a final decision,” she said.
Their meeting came on the heels of his meeting on Tuesday with Alaska Sen. Lisa Murkowski, who is viewed as another possible GOP swing vote. Murkowski said they had a “good exchange” but did not indicate whether she’d been swayed to support him.
Hegseth is one of many Trump administration picks who’ve been on Capitol Hill this week.
South Dakota Gov. Kristi Noem, tapped to lead the Department of Homeland Security, met with various Republican senators on Tuesday.
When departing a meeting with Kentucky Sen. Rand Paul, Noem was asked if she’d support Trump’s plan for mass deportations of migrants living in the U.S. without legal permission. Deportations were a central promise of Trump’s 2024 campaign.
“I am going to enforce the president’s agenda,” Noem responded.
Noem also left the door open for a deal with Democrats to protect “Dreamers,” or migrants brought illegally to the U.S. as young children. Trump floated the idea during an interview on NBC’s “Meet the Press,” despite his attempts to undermine the Deferred Action for Childhood Arrivals program during his first administration.
“You know, I appreciate the president’s word on this issue, and I know he wants our laws to be followed, so I’ll work with him to get his vision accomplished,” Noem said.
Noem was back for meetings on Wednesday, including one with Democratic Sen. Gary Peters. Noem said she hoped for bipartisan support in her confirmation bid.
Kash Patel, Trump’s pick for FBI director, and Tulsi Gabbard, his choice for director of national intelligence, have also been spotted walking the halls of the Hart Senate Office Building.
For Patel to fill the role, current FBI Director Christopher Wray would need to resign or be fired.
Several Republican senators expressed this week they’d be fine with Wray being forced out or stepping aside.
“I like Director Wray but I think it’s time for a fresh start at the FBI,” said Sen. Lindsey Graham.
“Obviously, Director Wray would be fired. That is obvious,” said Sen. Markwayne Mullin.
(WASHINGTON, DC) — Minnesota Gov. Tim Walz, Vice President Kamala Harris’ running mate, said Donald Trump is “spiraling down” after being asked on ABC’s “The View” about the former president’s recent lewd comments.
“It’s very clear that, as you said, Donald Trump is spiraling down, unhinged,” Walz said. “What worries me about these comments, some of these are just so strange that they’re hard to imagine, are the dangerous ones in the middle of that — the ‘enemy from within’ and some of that.”
Walz quickly switched gears, though, to talking about how Trump’s comments stand in contrast with the optimistic vision the Harris campaign is pitching to voters.
“But on the flip side of that is the message that’s starting to break through is this opportunity economy, a new way forward,” Walz said.
This is a developing story. Please check back for updates.
(WASHINGTON) — The House of Representatives on Friday is voting on electing a speaker for the new Congress.
Mike Johnson, a Louisiana Republican who ascended to the leadership post in 2023 after the historic ouster of Kevin McCarthy, has secured President-elect Donald Trump’s support as he seeks reelection.
But Johnson’s handling of the government spending fight just before Christmas angered some of the GOP’s right flank. Depending on attendance, Johnson may only be able to lose just one Republican vote.
Johnson wins speakership on 1st round after last-minute vote changes
Johnson staved off a failure in the first round of voting to win a second term as speaker.
After nearly two hours, Johnson secured the 218 necessary votes.
At first, he appeared on track to lose with three Republicans voting for someone else.
But after leaving the chamber to huddle with defectors, two lawmakers changed their votes to hand him the gavel.
House Republicans stood and gave Johnson a standing ovation as his win was announced.
Two GOP defectors change their vote to Johnson
Reps. Ralph Norman and Keith Self changed their votes to Johnson, which would bring him to the 218 needed to be speaker.
Johnson exits chamber as vote remains open
As lawmakers waited for the final House vote to be called, Johnson was seen huddling with various lawmakers, including Reps. Dusty Johnson, Tim Burchett, and Nancy Mace.
He also was spotted talking with other GOP leaders like House Majority Leader Steve Scalise and House Republican Conference Chair Lisa McClain, who nominated him for speaker.
He ultimately walked out of the chamber before the vote closed.
Johnson appears on track to lose 1st round
With three defections so far, Johnson appears on track to lose this first round of voting.
Rep. Keith Self, a Texas Republican, is the third Republican to vote for another candidate. He cast his ballot for Florida Rep. Byron Donalds.
However, members can still change their votes as the roll call is ongoing.
Another Republican defects from Johnson
South Carolina Rep. Ralph Norman just voted for Ohio Rep. Jim Jordan, the chairman of the House Judiciary Committee.
Norman is the second Republican to vote for someone else besides Johnson.
Rep. Thomas Massie is 1st Republican to not vote for Johnson
As expected, Rep. Thomas Massie of Kentucky did not vote for Johnson.
Instead, Massie cast his ballot for Minnesota Rep. Tom Emmer, who currently serves as the House majority whip.
Several GOP hard-liners withholding vote for now
Rep. Andy Harris of North Carolina, chairman of the House Freedom Caucus, did not respond when his name was called to vote.
He is one of several Republican holdouts who did not reply when called.
Magic number for Johnson is 218
433 members recorded their presence for the quorum call but Rep.-elect Hank Johnson of Georgia, a veteran Democratic lawmaker, has arrived and can now vote for a speaker.
That means 434 members are voting, leaving Johnson with 218-vote threshold to retain the gavel — unless any members vote present. So far, none has.
All 215 Democrats are expected to uniformly support Jeffries for speaker.
1st round of voting begins
The first round of voting has begun. There are 434 members present for this vote.
Pete Aguilar nominates Hakeem Jeffries
House Democratic Caucus Chair Pete Aguilar has nominated Minority Leader Hakeem Jeffries for speaker.
Democrats are expected to support Jeffries throughout the speaker showdown.
Democratic Whip Katherine Clark told ABC News just before the House convened that Democrats would not cross party lines to help bail out Johnson, should he need it.
“Today I rise on behalf of the governing majority of the House of Representatives,” Aguilar said in his speech, a nod to Democrats helping Republicans pass funding bills and avoid shutdowns in the previous Congress.
Lisa McClain nominates Johnson for reelection as speaker
House Republican Conference Chair Lisa McClain rose to give the nominating speech for Johnson after the quorum call.
“On Nov. 5, the American people gave us a great opportunity to get America back on the right track … And ladies and gentleman, today we have the opportunity to do just that,” she said, prompting cheers from GOP members.
She praised Johnson, saying he was given a tough task when he took over for McCarthy in late 2023.
“No speaker is perfect, and no one will ever be, however, achieving perfection requires incremental gains and hard decisions along the way,” she said.
Johnson outlines new commitments ahead of high-stakes vote
Just before voting is set to start, Johnson posted a lengthy statement on X about how he plans to deliver on fiscal responsibility if elected.
He said as speaker, he would commit to creating a working group of independent experts to work with House committees and the “Department of Government Efficiency” — an outside government group to be led by Trump allies Elon Musk and Vivek Ramaswamy.
Those experts, he said, will be tasked with reviewing existing audits of federal agencies and issuing a report to his office that he will make public.
Johnson also pledged to request House committees “undertake aggressive authorizations and appropriations reviews, including providing additional resources where needed, to expose irresponsible or illegal practices and hold agencies/individuals accountable that have weaponized government against the American people.”
Democrats cheer as Nancy Pelosi returns to Capitol after hip surgery
Former House Speaker Nancy Pelosi, who just underwent a hip surgery after falling during a congressional delegation trip abroad, is present for Friday’s vote.
Democrats clapped and cheered when she briefly walked into the chamber.
Pelosi was seen on the House floor without crutches.
In a social media post, Pelosi said she was “proud” to return the Capitol to support Hakeem Jeffries, the House minority leader, for speaker.
Johnson brushes off possibly losing on 1st round
Johnson told ABC News’ Jay O’Brien if he loses on the first ballot, it says “nothing.”
“It’s a part of the process but I expect that we will get it done,” Johnson said before entering the House chamber for the speaker’s vote.
Johnson said he believes he will gain the votes today to win, trying to project confidence while walking with a swarm of reporters.
“We have to get this job done and unify the conference,” Johnson said, adding “And I’m here for the long haul.”
House kicks off opening day of 119th Congress
The House has gaveled in for the official start of the new Congress.
After a call to order and opening prayer, the House will begin an electronic vote to establish a quorum. Attendance is a critical factor for Johnson, who is navigating a historically tight House majority as he seeks another term as speaker.
Speaker vote also a test for Trump
Trump appears to be working the phones ahead of the high-stakes vote.
In an interview with CNN, Trump confirmed he’s been in touch with Republican holdouts.
ABC News previously reported Trump and his team were working to strike a deal with Rep. Chip Roy of Texas, an influential member of the House Freedom Caucus who remains undecided on Johnson.
“Chip Roy will do what’s right for the country,” Trump said during a phone interview with CNN.
What happens if the House can’t elect a speaker
The House can’t conduct any business without a speaker, including swearing in members.
If the chamber can’t come to an agreement before Monday, the certification of Trump’s 2024 election victory could be thrown into chaos.
The House and Senate will convene on Jan. 6 for a joint session of Congress for a finalization of the results of the presidential race, a constitutionally mandated responsibility for lawmakers.
Johnson insists he’s not making deals for the gavel
Despite days of closed-door meetings with Republican holdouts, Johnson insists he’s not cutting any deals to win them over.
“My simple message to my colleagues is make suggestions about process and improvements. We are open to that at all times. But I don’t make deals with anyone,” he said.
“There’s no quid pro quo here,” Johnson added. “I don’t do anything in exchange for a vote other than commit to make this institution work as effectively and efficiently as possible.”
In the previous Congress, McCarthy was forced to meet Republican hardliner demands to be elected speaker after a four-day voting process. One of those demands — a lower threshold to bring a motion to vacate — led to his downfall just seven months later when he was forced out of leadership by a small group of GOP members.
Johnson’s message to GOP: ‘We don’t have time for drama’
Johnson had a simple message for his conference ahead of the vote.
“We don’t have time for drama,” Johnson told reporters.
Johnson said he was speaking with members and urging them to be unified so they can quickly get to work on Trump’s agenda.
“This election is not just about one person. It’s about moving forward with the America First agenda. A mandate was given by the American people — the electorate — President Trump got 77 million votes. The House Republicans got almost 75 million. Thats a record number. They are expecting us to get to work,” Johnson added.
What Johnson is thinking
Johnson expressed confidence in winning the speaker vote as he entered the Capitol on Friday.
Asked by ABC News if he will be successful in the first round, he replied: “I think so.”
But privately, House leadership sources say they’re also preparing for the very real possibility of a bruising floor fight, going multiple rounds of voting.
In 2023, it took McCarthy 15 rounds of voting and several concessions to be elected speaker.
Johnson has been adamant he won’t make any backroom deals to keep his job. And moderate Republicans have been publicly cautioning Johnson against giving too much away to the further-right undecided votes.
-ABC News’ Jay O’Brien
Trump wishes Johnson luck
Trump is doubling down on his support for Johnson, and said a victory for Johnson would be a “big win for the Republican Party.”
“Good luck today for Speaker Mike Johnson, a fine man of great ability, who is very close to having 100% support,” Trump wrote in an early morning post on his social media platform.
“A win for Mike today will be a big win for the Republican Party, and yet another acknowledgment of our 129 year most consequential Presidential Election!! – A BIG AFFIRMATION, INDEED. MAGA!”
How the House speaker vote works
The House will meet at 11:00 a.m. for legislative business and then officially convene for the start of the 119th Congress at 12:00 p.m.
At noon, there will be a quorum call to determine how many members are present and voting. With the GOP’s razor-thin majority in the House, Johnson needs almost every Republican vote to win.
The election for speaker is expected to take place between 12:45 p.m. and 1:00 p.m.
Read more about what will happen on the first day of the new Congress here.
Johnson’s future uncertain as he fights for reelection
Johnson has publicly expressed confidence that he will retain the speaker’s gavel, but spent the final day before the vote on Capitol Hill meeting with Republican holdouts.
Several House Freedom Caucus members were spotted at his office, many leaving the hourslong meeting dodging questions from reporters. The few who did speak said they thought they were making progress but none had committed to voting for Johnson.
Meanwhile, Trump’s team and the president-elect himself were working behind the scenes this week to strike a deal with one GOP hardliner in particular — Rep. Chip Roy of Texas — sources told ABC News.
