Donald Trump’s criminal cases: Judge temporarily blocks release of special counsel Jack Smith’s investigative report today news

A federal judge in Florida blocked the Justice Department from releasing a report on two criminal investigations of Donald Trump, setting off a potential legal battle between the president-elect and the prosecutors investigating him.

U.S. District Judge Eileen Cannon said she is temporarily blocking the public release of the findings of special counsel Jack Smith’s investigation into Trump. It is unclear whether Canon has the authority to block the release of the report, which is expected before Trump’s inauguration on Jan. 20.

Smith accused Trump of illegally conspiring to overturn the 2020 election and mishandling sensitive national security information after leaving office, but the cases were dropped after Trump’s election in November. The newly elected President wants to stop the release of the final report.

Trump told reporters at a press conference in Florida on Tuesday that he expected the report filed by Smith to be a “bogus report”, alleging that the case was politically motivated and that Cannon had dismissed it.

Canon issued an order Tuesday that will block the public release of the report pending a resolution from the 11th U.S. Circuit Court of Appeals on how to handle the case.

The appeals court has ordered Smith to respond by Wednesday morning. Smith’s office declined to comment on the developments.

In one case, Smith secured impeachment against Trump and two of his associates, Walt Notta and Carlos de Oliveira, for actions related to alleged misuse of classified documents and obstruction of justice. In the second case, Smith accused Trump of trying to overturn the results of the 2020 election, which he lost to President Joe Biden.

Cannon issued a controversial ruling last year dismissing Smith’s classified documents case against Trump and his co-defendants, which claimed Smith’s appointment was unconstitutional.

It is unclear whether Cannon has the authority to prevent the Justice Department from releasing any sections of the report, particularly the section related to the election interference case, as it was never before him and is no longer active.

But Trump’s lawyers argued in their legal filings that the report on election interference should be blocked from being released because the evidence and witness testimony it contains overlaps with the prosecution of the case.

Former federal prosecutor Barbara McQuade said during an interview Tuesday on MSNBC that “Judge Canon does not have jurisdiction” over Smith’s cases but “the name of the game is delay.”

Although Cannon’s order may not be enforceable, it could delay the department’s public release of Smith’s report as federal prosecutors work through their response.

Nauta and de Oliveira filed emergency petitions with Canon and the 11th U.S. Circuit Court of Appeals for orders barring Smith, Garland or anyone at the Justice Department from releasing Smith’s final report, saying it was their understanding that It was hoped that the report could be made public as soon as possible. As of Friday.

Trump filed a legal filing Tuesday asking Canon for permission to join the emergency resolution.

Cannon said the order blocking the release of Smith’s report is necessary to “prevent irreparable harm” to Trump and the two associates until the court of appeals decides what to do.

This case is legally ambiguous and complex for several reasons. For example, after Trump was elected president, Smith dropped both cases against him, citing a Justice Department policy that prohibits prosecuting a sitting president.

Canon had previously dismissed the case against Trump, Nauta and de Oliveira on the grounds that Smith was illegally appointed. The Justice Department has appealed Canon’s decision to the 11th Circuit and said it still intends to prosecute Nauta and de Oliveira.

Smith’s office told Trump’s lawyers that they oppose their request to intervene in the case and that there is no emergency that needs to be addressed, according to an email cited in Trump’s legal filings. Smith’s office said it would inform Trump of the decision to make the final report public and give him the opportunity to take appropriate legal action.