11th Circuit Makes Key Decision on Release of Jack Smith's Report

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Special Counsel Jack Smith’s report on investigations involving former President Donald Trump has been at the center of a legal tug-of-war, but on Thursday night, the 11th Circuit blocked the effort to thwart the report’s release.

Smith’s report primarily addresses Trump’s alleged efforts to challenge the 2020 election results, but it also includes a section on the Mar-a-Lago classified documents case—a case Judge Aileen Cannon dismissed last year. Cannon initially ordered the release be put on hold pending further legal proceedings. The 11th Circuit ruled, however, that the report could be released.

The court did uphold the three-day delay for release, though, meaning the soonest it can be made public is Sunday.

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

Attorney General Merrick Garland plans to release the first volume of the report, which focuses on election-related matters, to Congress and the public. However, Judge Cannon ordered a three-day delay following any ruling by the 11th Circuit, a move the DOJ has criticized as unnecessary. The Justice Department argued that the delay hampers its ability to provide transparency on an issue of national importance.

The second volume of the report, which pertains to the classified documents case, will not be released publicly while the legal battle over the Mar-a-Lago documents case continues. Instead, the DOJ has stated it will only allow private access to this material for key congressional leaders.

Even with these assurances, Trump’s former co-defendants expressed concern in a recent filing about potential leaks from Democrats in Congress, warning that political motives could undermine the integrity of the case.