Updated January 08, 2025 at 12:07 PM ET
The Justice Department wants to publicly release only part of its final report on special counsel Jack Smith's cases against President-elect Donald Trump.
Smith recommended that the DOJ release only the first volume of his final report, covering the investigation and charges against Trump tied to the 2020 presidential election, the DOJ said in a court filing on Wednesday. The filing came in response to an appeal from defendants to block the report from being public; the DOJ is still waiting to release the report pending the court decision.
The second volume of the report — which concerns the federal case against Trump's handling of classified documents at his Mar-a-Lago resort — will only be available to review to the top members of the House and Senate judiciary committees if they request it. That's because the classified documents case is still ongoing, with the DOJ pursuing an appeal against two longtime Trump aides, Walt Nauta and Carlos De Oliveira, the DOJ said.
"To avoid any risk of prejudice to defendants Nauta and De Oliveira, the Attorney General has determined, at the recommendation of the Special Counsel, that he will not publicly release Volume Two as long as defendants' criminal proceedings remain pending," DOJ lawyers wrote in the filing to the U.S. Court of Appeals for the 11th Circuit.
The "limited disclosure" to certain lawmakers "will further the public interest in keeping congressional leadership apprised of a significant matter within the Department while safeguarding defendants' interests."
Prosecutors dropped the two criminal cases against Trump after he won the 2024 election, and the final report by Smith may be the last chance for prosecutors to explain their decisions.
Florida Judge Aileen Cannon on Tuesday temporarily blocked the Justice Department from releasing Smith's final report, pending an emergency motion from the appeals court to block the report's release.
But the DOJ disagreed with that action, saying there was no need for the court to intervene, and also protesting the attempt to block the report's first volume, on the election interference case.
"Defendants Nauta and De Oliveira have no cognizable interest in that volume of the Final Report," the filing said.
Cannon was appointed to the bench by Trump and had earlier this year dismissed the documents case.
After Trump won the 2024 election, the Justice Department dropped him from its appeal. But it continued the appellate case for the other two defendants, who raised concern that they would be prejudiced if Smith's final report is published while they still face the threat of a trial.
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