A federal judge has prevented Special Counsel Jack Smith from making public his final report.

Aileen Cannon, the judge, ruled that Jack Smith's case involving classified records was unlawful and dismissed it.

A federal judge has prevented Special Counsel Jack Smith from making public his final report.
A federal judge has prevented Special Counsel Jack Smith from making public his final report.

On Tuesday, a federal judge temporarily halted Special Counsel Jack Smith from releasing his report on his suspended investigations into President-elect Trump's alleged 2020 election interference and improper retention of classified records.

Smith's final report is about to be released, and Trump co-defendants Nauta and De Oliveira filed an emergency motion to prevent it.

Judge Aileen Cannon
Federal Judge Aileen Cannon. (US Courts) (US Courts )

Aileen Cannon, U.S. District Judge for the Southern District of Florida, ruled in favor of Nauta and De Oliveira to prevent "irreparable harm."

Smith is currently prohibited from disclosing the Final Report or any of its drafts outside the Department of Justice, as per Cannon's order.

Special Prosecutor Jack Smith speaks to reporters. Smith was tapped by Attorney General Merrick Garland in 2022 to investigate former President Donald Trump.
Special Prosecutor Jack Smith recently requested to dismiss charges he brought against Trump in a case alleging his interference in the certification of the 2020 election. (Bill O'Leary/The Washington Post via Getty Images)

The order will remain in effect until a resolution is announced from the U.S. Court of Appeals for the Eleventh Circuit.

When a special counsel completes an investigation, it is customary to release a final report detailing the findings and any prosecution or declination decisions made. However, in Smith's case, the prosecution decision is irrelevant due to Trump's status as president-elect and the Justice Department's policy of not pursuing criminal charges against a sitting president.

In accordance with standard practice, the report would first be reviewed by Attorney General Merrick Garland's office.

AG Garland
US Attorney General Merrick Garland addresses staff on his first day at the US Department of Justice in Washington, D.C. on March 11, 2021. (Getty Images)

The defendants, Nauta and De Oliveira, denied any wrongdoing in relation to federal charges accusing them of hindering the FBI's inquiry into the discovery of classified documents at Mar-a-Lago.

In 2022, Garland appointed Smith to investigate allegations that Trump and his allies attempted to overturn the 2020 election results and that Trump kept allegedly classified documents at his Florida residence.

Trump pleaded not guilty to all charges.

This summer, Cannon ruled that Smith was unlawfully appointed as special counsel and dismissed his case against Trump regarding classified records.

In November, Judge Tanya Chutkan dismissed Smith's charges against Trump in the 2020 election interference case and Smith withdrew his appeal to Cannon's ruling in the classified records case.

During a press conference at Mar-a-Lago on Tuesday, President-elect Trump responded to Cannon's decision to prevent Smith's report from being released.

"Jack Smith, who was deranged, dropped the lawsuits. The DOJ instructed him to do so because they had no lawsuit. They lost in court in front of a strong and brilliant judge, Cannon. Trump stated that Smith wanted to create a 500-page report before he took office, which would be a fake report, similar to the investigation that was also fake."

Trump added that Smith was "thrown off the case in disgrace."

"That's great news," Trump said, "because he should not be allowed to write a fake report."

Garland has decided to release the reports of two special counsels whose investigations were completed during his tenure, including John Durham's summary report on the Trump-Russia probe and Robert Hur's final report on President Biden's handling of classified documents.

by Brooke Singman

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