The Department of Justice has filed a detailed response to an emergency motion before the 11th Circuit Court of Appeals, challenging the temporary injunction issued by U.S. District Judge Aileen Cannon on releasing a final report prepared by special counsel Jack Smith.
The report stems from Smith’s investigations into President-elect Donald Trump’s handling of classified documents and efforts to overturn the 2020 election.
In its filing, the DOJ argued that Cannon’s injunction lacks legal merit and unnecessarily delays the release of critical information to Congress and the public.
The DOJ stated that Attorney General Merrick Garland intends to release volume one of the report, which focuses on Trump’s alleged election interference, to Congress in the interest of transparency and accountability.
However, volume two, which pertains to Trump’s co-defendants Walt Nauta and Carlos De Oliveira, will remain under restricted review to protect ongoing legal proceedings.
“For the time being, Volume Two will be made available for in-camera review only by the Chairmen and Ranking Members of the House and Senate Judiciary Committees upon their request and agreement not to release any information from Volume Two publicly,” the DOJ stated in its response.
Officials said the measure seeks to balance congressional oversight with safeguarding defendants’ rights.
The DOJ’s filing said there is “neither any need nor legal basis for an injunction” on the report’s release. It also requested that the 11th Circuit vacate Cannon’s injunction, which delays the report’s release for three days following any ruling from the appellate court. The DOJ argued that such a delay could allow Trump to seek intervention from the Supreme Court, further stalling information dissemination.
Legal analysts have criticized Cannon’s prior rulings in Trump’s favor, including her controversial decision to dismiss charges related to classified documents. Some of her rulings, such as those involving the search of Trump’s Florida residence, have been overturned by higher courts, with criticism that her actions lacked legal justification.
The DOJ’s filing also addresses the broader implications of this case, asserting that the release of volume one is vital to informing Congress and the public about significant matters of national interest. “This limited disclosure will further the public interest in keeping congressional leadership apprised of a significant matter within the Department while safeguarding defendants’ interests,” the filing states.
The 11th Circuit’s decision on the DOJ’s request will determine whether the report’s release proceeds as planned.
