A federal appeals court left open a path for special counsel Jack Smith to release the final report on his two cases against President-elect Donald Trump.
The Eleventh Circuit Court of Appeals denied an effort by Trump’s co-defendants in the classified documents case to block the release of the report. However, it left in place an order by Judge Aileen Cannon that restricts the report’s release until Sunday.
If the Department of Justice (DOJ) wants to challenge Cannon’s order, it can still appeal it to the Eleventh Circuit, according to the order.
🚨🚨🚨BREAKING: And on Special Counsel Report a win for Trump. 1/ pic.twitter.com/nF3cyW6dUj
— Margot Cleveland (@ProfMJCleveland) January 10, 2025
Both of Smith’s cases against Trump — the classified documents case in Florida and 2020 election case in Washington, D.C. — were dismissed after he won the election.
BREAKING: 11th Circuit Court of Appeals has *DENIED* effort to block Jack Smith’s final report.
But Cannon’s order keeping a hold in place for three days remains in effect. This means Garland can’t release it until Sunday or later. pic.twitter.com/XFr2bYSMtV
— Kyle Cheney (@kyledcheney) January 10, 2025
In an amicus brief filed Wednesday, Trump urged the court to block the report’s release. His attorneys wrote that Attorney General Merrick Garland “cannot issue a report of an unconstitutionally appointed and funded Special Counsel.”
The DOJ indicated in a Wednesday filing that it would release the first portion of Smith’s report dealing with the 2020 election case, but hold back the second part focusing on his classified documents case while proceedings continue for Trump’s co-defendants.
The U.S. Supreme Court also rejected Trump’s attempt to stop his sentencing in New York on Thursday, which is scheduled for Friday morning.
