Appeals Court Rejects Block on Jack Smith Report, But Temporary Order Remains

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Appeals Court Rejects Block on Jack Smith Report, But Temporary Order Remains
Jack SmithSpecial CounselDonald Trump
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A Florida federal appeals court denied a request by Donald Trump's co-defendants to block the release of special counsel Jack Smith's final report. However, a temporary order from U.S. District Judge Aileen Cannon remains in effect, potentially delaying the report's release for three more days. The Justice Department plans to release the volume related to the federal election interference case, while the classified documents case volume remains temporarily blocked.

A federal appeals court covering Florida rejected a defense request to block the release of special counsel Jack Smith 's final report. However, an order temporarily blocking its release from U.S. District Judge Aileen Cannon remains in effect for now, which would keep the report blocked for three more days absent further appeal. Donald Trump 's former co-defendants in the classified documents case had sought to block the report's release, filing motions with both the 11th U.S.

Circuit Court of Appeals and Cannon, the Trump appointee who dismissed the classified documents case against Trump and his two co-defendants last year. The government's appeal of her dismissal has been pending in the 11th Circuit, though the Justice Department dropped the appeal as to Trump because he will become president again soon and the DOJ has a policy against prosecuting sitting presidents. On Tuesday, Cannon issued an order temporarily blocking the report's release pending further word from the 11th Circuit and saying the order remains in effect until three days after the circuit decides the defense motion. The DOJ subsequently told the circuit court that, while litigation was still pending against Trump co-defendants Walt Nauta and Carlos De Oliveira, it didn't intend to release the volume of the report related to the classified documents case, but that it did intend to release the volume related to the federal election interference case, where Trump was the only person charged. The DOJ said the circuit should reject the defense motion, set aside Cannon's order, and make clear that the attorney general can allow limited congressional review of the classified documents-related volume of the report as well as the public release of the election interference-related volume. Thursday's order from the circuit denied the defense motion but said, 'To the extent that Appellant seeks relief from the district court’s January 7, 2025, order temporarily enjoining Appellant, Appellant may file a notice of appeal from that order.' This is a developing story. Check back for updates. Subscribe to the Deadline: Legal Newsletter for expert analysis on the top legal stories of the week, including updates from the Supreme Court and developments in Donald Trump’s legal cases

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