The federal judge who oversaw Donald Trump the case of classified documents The Department of Justice has been prevented from sharing the final report on Jack Smith’s investigation with select members of Congress.
Judge Aileen Cannon, in an order issued a day after Trump’s inauguration, sharply criticized the Justice Department’s “shocking” behavior and Trump’s willingness to “toy with” the rights of ex-defendants by trying to support four members of Congress. Reviewing Smith’s final report as mandated by DOJ policy.
“Prosecutors play a unique role in our criminal justice system and are mandated and expected to deliver justice,” Cannon wrote. “The Department of Justice’s position on the defendants’ emergency motion … has not been faithful to that duty.”
Trump He pleaded not guilty In June 2023, to 37 criminal charges related to the handling of classified material, after prosecutors said he repeatedly refused to turn over hundreds of documents containing classified information. The former president, along with longtime aide Walt Nauta and staffer Carlos De Oliveira, as well He pleaded not guilty In a superseding indictment for trying to delete surveillance footage from Trump’s Mar-a-Lago estate.
Judge Cannon dismissed the case in July based on the constitutionality of Smith’s nomination, and Smith was removed from appealing the case after the election by Trump due to a long-standing Justice Department policy barring prosecution of the president, but the Justice Department appealed the dismissal of the case. Against Nauta and De Oliveira.
Cannon, in Tuesday’s ruling, criticized prosecutors for their willingness to release sensitive court material — including material subject to grand jury subpoenas — while the case against Trump’s former accusers is ongoing.
“In short, the Department offers no valid justification for its purportedly urgent desire to release case information to members of Congress in an ongoing criminal proceeding,” Cannon wrote.
President Donald Trump speaks during the inaugural parade inside Capital One Arena in Washington, DC on January 20, 2025.
Jim Watson/AFP via Getty Images
Cannon expressed concern that the report, if shown to members of Congress, could be publicly leaked and prevent Trump’s former accusers from getting a fair trial.
“This court has no means of enforcing the proffered confidentiality provisions, even to the extent that they exist as reminders. And fundamentally, the Department has offered no valid reason to engage in this gamble with defendants’ rights,” the order said. .
Cannon’s order remains in effect for at least 30 days after the end of the case proceedings, at which point the Justice Department can provide the judge with their position on the order.
The new DOJ leadership under Trump is not expected to press for the release of the report, and it is unlikely that the report will see the light of day.
