 |
| Special counsel Jack Smith at the Justice Department in Washington on June 9, 2023. |
Jan. 7, 2025, 9:30 AM GMT+6 / Updated Jan. 7, 2025, 10:00 AM GMT+6
On Monday, President-elect Donald Trump and his former co-defendants in the Florida classified documents case took action to prevent the release of a final report by special counsel Jack Smith, which also covers the election interference case.
Both legal cases against Trump have been dismissed.
Attorneys for defendants Walt Nauta and Carlos De Oliveira filed a motion late Monday asking U.S. District Judge Aileen Cannon to block Smith from issuing his report. They referenced the judge’s prior ruling that Smith’s appointment was unconstitutional.
"The Final Report is expected to be one-sided and biased, relying almost entirely on evidence presented to a grand jury under protections that only Smith knows of due to his unconstitutional appointment. Its sole purpose will be to convince the public that all those Smith charged are guilty," the four defense attorneys stated.
They also requested that Judge Cannon schedule a hearing and rule on their motion by Friday, citing concerns that the report’s release could be imminent.
In a separate move, Trump’s legal team sent a letter to Attorney General Merrick Garland, urging him to prevent Smith from releasing the report. The letter described Smith as an "out-of-control private citizen unconstitutionally posing as a prosecutor" with the intent to politically damage Trump.
The letter further argued that because Smith’s actions were unlawful, Garland should intervene, remove Smith from his position, and defer any decisions regarding the report to Trump’s incoming attorney general, in accordance with the will of the public.
Trump’s lawyers mentioned that they had reviewed a two-volume draft of Smith’s report at the special counsel’s office in Washington, D.C., over the weekend.
Under Justice Department regulations, Smith is required to submit a confidential report to Garland, who has the discretion to make it public. The Justice Department did not immediately comment on Monday night.
NBC News has reported that Smith and his team are expected to resign before Trump’s inauguration on January 20.
In Florida, the Justice Department charged Trump with mishandling classified documents after he left office. Cannon dismissed the case in July, ruling that Smith's appointment was illegal. Trump had pleaded not guilty.
Smith appealed the dismissal, but the case was effectively interrupted by Trump’s election in November, in line with the Justice Department’s policy of not prosecuting sitting presidents. An appeals court later agreed to dismiss the case against Trump at Smith’s request.
Smith was also forced to wind down the election interference case against Trump, following his 2023 indictment related to attempts to overturn the 2020 election. A judge in November approved the dismissal of that case as well, at Smith’s request.
Federal prosecutors are still appealing Cannon’s decision to dismiss charges against Nauta and De Oliveira.
0 Comments