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Trump seeks to block release of special counsel report Judge blocks release of special counsel's report on Trump
(about 1 hour later)
Jack Smith led two investigations into Trump, but later abandoned bothJack Smith led two investigations into Trump, but later abandoned both
Lawyers for Donald Trump have asked the Department of Justice (DoJ) to not release a special counsel's report setting out its investigations into the US president-elect. A Florida judge temporarily blocked the release of a Department of Justice special counsel report that would detail findings from Donald Trump's classified documents case.
Jack Smith led two probes into Trump, one on alleged attempts to overturn his 2020 election defeat and another on his apparent mishandling of classified documents. Jack Smith led two federal probes into Trump, one on alleged attempts to overturn his 2020 election defeat and another on his alleged mishandling of classified documents.
Both cases have been shelved, but Mr Smith's detailed report was due to be released in the coming days. Both cases against Trump were shelved when he won re-election, but Mr Smith's detailed report was due to be released.
In a letter to Attorney General Merrick Garland, Trump's lawyers urged him to end the "weaponisation of the justice system" and hand the report to them. On Tuesday, US District Judge Aileen Cannon, who oversaw the classified documents case and controversially dismissed it last July, temporarily barred Mr Smith or Garland from "releasing, sharing, or transmitting" the report.
The correspondence alleges Mr Smith did not have the legal authority to submit the report because he was unconstitutionally picked to do the job and was politically motivated. Mr Smith is yet to publicly respond. Trump's two co-defendants in the classified documents case -- Walt Nauta, Trump's personal aide, and Carlos De Oliveir, the property manager at the Mar-a-Lago club -- had asked her to intervene. Both men had pleaded not guilty.
Trump's legal team received a draft copy of the report at the weekend. Judge Cannon ordered the release be put on hold until a higher appeals court, the Eleventh Circuit in Atlanta, considered an emergency appeal from Mr Nauta and Mr De Oliveir.
On Tuesday, US District Judge Aileen Cannon, who oversaw the classified documents case, temporarily blocked Mr Smith or Garland from "releasing, sharing, or transmitting" the report. Trump praised Cannon as a "brilliant judge with great courage" at a press conference where he learned of her decision.
She ordered the release be put on hold until a higher appeals court, the Eleventh Circuit, considered an emergency appeal from two of Trump's co-defendants in the case. However, it was far from clear that Judge Cannon had the jurisdiction to block the release of the report, said Daniel Charles Richman, a professor at Columbia University Law School.
Trump praised Cannon as a "brilliant judge with great courage" at a press conference, shortly before she issued her decision. By law special counsels must present the findings of their investigations to the justice department, which is headed by the attorney general. Typically, attorneys general then share the reports with the public, and Attorney General Merrick Garland has in the past promised to do so.
However, it is "far from clear" if Judge Cannon had the jurisdiction to block the release, said Daniel Charles Richman, a professor at Columbia University Law School. In a letter to Garland, Trump's lawyers have urged him to end the "weaponisation of the justice system" and not release this report.
They argue that Mr Smith did not have the legal authority to submit the report because he was unconstitutionally picked to do the job and was politically motivated. Judge Cannon ruled this summer that the special counsel was unconstitutional, a controversial decision that many legal scholars have criticised.
Mr Smith has not yet publicly responded to the letter.
Trump's legal team received a draft copy of the report at the weekend. It was expected to be released as soon as Friday.
The two investigations led to criminal indictments against Trump but both have since been dismissed, partly due to a longstanding DoJ policy not to prosecute a sitting president.The two investigations led to criminal indictments against Trump but both have since been dismissed, partly due to a longstanding DoJ policy not to prosecute a sitting president.
The former president had pleaded not guilty and denied all wrongdoing.The former president had pleaded not guilty and denied all wrongdoing.
Federal regulations decree that any special counsel probe must conclude with a report to the justice department and Garland has previously said he would release all such reports.
What happens to all of Trump's legal cases now?What happens to all of Trump's legal cases now?
Analysis: Triumph over legal cases seals Trump's comebackAnalysis: Triumph over legal cases seals Trump's comeback
Trump still faces New York sentencing - after judge refuses to delayTrump still faces New York sentencing - after judge refuses to delay
During his time away from the White House, Trump faced an array of legal cases, which were successfully delayed and thwarted by his lawyers and allies. During his time away from the White House, Trump faced an array of legal cases, most of which were successfully delayed and thwarted by his lawyers and allies.
The administration of the Democratic president, Joe Biden, faced accusations from Trump's opponents that they brought cases against the Republican too slowly, while Trump's supporters argued that the prosecutions were politically motivated. Only one of his four criminal cases went to trial, resulting in a unanimous guilty verdict on 34 charges of falsifying business records. Trump is currently battling to stave off his sentencing in that case, which is scheduled in New York on 10 January.
On Tuesday, a New York appeals court rejected Trump's bid to delay the sentencing.
The administration of the Democratic president, Joe Biden, faced accusations from Trump's opponents that they brought federal cases against the Republican too slowly, while Trump's supporters argued that the prosecutions were politically motivated.
One of Mr Smith's two cases concerned Trump's attempts to overturn the result of the 2020 election, which he lost to Biden.One of Mr Smith's two cases concerned Trump's attempts to overturn the result of the 2020 election, which he lost to Biden.
Trump pleaded not guilty to the charges, and the case ended up in legal limbo after the Supreme Court ruled that Trump was partially immune from criminal prosecution over official acts committed while in office.Trump pleaded not guilty to the charges, and the case ended up in legal limbo after the Supreme Court ruled that Trump was partially immune from criminal prosecution over official acts committed while in office.
Mr Smith later refiled his case, but wound it down after Trump's 2024 election win. Mr Smith later refiled his case, but wound it down after Trump's 2024 election win. He and his team are expected to resign from the justice department before Trump takes office.
He was also leading a case against Trump over his alleged mishandling of classified documents after he left the White House following his first presidency - charges that Trump also denied.
This case faced a roadblock of its own when the Trump-appointed judge dismissed the charges, arguing Mr Smith was improperly appointed to lead the case. Again, Mr Smith hit back - this time with an appeal - but later abandoned this, too.
DoJ guidance prevents the criminal prosecution of a sitting president. Mr Smith clarified that this legal protection also applied to the prosecution of a private citizen who was subsequently elected president.
The news was celebrated by the Trump campaign, which hailed it as a "major victory for the rule of law".
Mr Smith is also reportedly expected to leave his job before Trump returns to the White House on 20 January and carries out a threat of sacking him.
Despite his recent legal wins, Trump still faces sentencing on Friday after being found guilty in New York last year on 34 felony counts of falsifying business records to cover up payments made to a porn star.
With less than two weeks until Trump is re-inaugurated as US president, the judge has refused a request to delay, although he has previously made clear he will not consider giving Trump a custodial term.