Former Trump co-defendants seek to impede Special Counsel Jack Smith's report.

Judge blocks Merrick Garland from releasing special counsel report, per request of Walt Nauta and Carlos De Oliveira.

Former Trump co-defendants seek to impede Special Counsel Jack Smith's report.
Former Trump co-defendants seek to impede Special Counsel Jack Smith's report.

Two of President-elect Trump's former co-defendants in the classified documents case are seeking to prevent Special Counsel Jack Smith from making his report public.

Nauta and De Oliveira, who work for Trump, are seeking to keep Smith's report confidential.

Smith will resign from his position before Trump takes office on January 20, and the report is expected to be released either later this week or sometime next week, according to Planet Chronicle.

"The attorneys of Nauta and De Oliveira filed an emergency motion on Monday, stating that the defendants will suffer irreparable harm as civilian casualties of the government's unlawful and persistent use of political lawfare to release the unauthorized Report. The Final Report contains materials that Smith, as disqualified special counsel, is no longer entitled to access, making his attempt to share such materials with the public highly improper."

Special Counsel Jack Smith
Jack Smith, US special counsel, speaks during a news conference in Washington, DC, US, on Tuesday, Aug. 1, 2023. (Al Drago/Bloomberg via Getty Images)

The emergency motion requested an immediate hearing to determine the unchecked release's impropriety, the resulting prejudice's scope, and the specific materials in the Report that should not be released.

Nauta and De Oliveira's lawyers stated that the Final Report is a biased report that will be one-sided and rely heavily on evidence presented to a grand jury, which is protected by law, and which Smith only knows about due to his unconstitutional appointment, all in an effort to convince the public that everyone Smith accused is guilty of the crimes charged.

"The appeal of this Court's dismissal order by Smith for Nauta and De Oliveira's criminal cases is still pending, and the Government has continued briefing the appeal even after the dismissal of the appeal as to President Trump. The Final Report's dissemination poses a threat to future criminal proceedings against Nauta and De Oliveira, which will be irreversibly and irredeemably prejudiced by it."

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.

Todd Blanche, Trump's attorney and potential senior official at the Department of Justice, is urging Garland to withhold the report's release.

"Blanche wrote in an exhibit attached to the same motion that Smith's proposed plan for releasing a report is illegal, done in bad faith, and against the public interest. Additionally, Blanche raised concerns under Article II because Smith's conduct unlawfully infringes on the Executive authority of the incoming Trump Administration to resolve issues surrounding Smith's Office in accordance with Trump's mandate from the voters."

Walt Nauta gets out of SUV at Miami courthouse
Wal Nauta, a personal aide to former President Trump, arrives at the Alto Lee Adams Sr. US Courthouse in Fort Pierce, Florida, on Aug. 10, 2023.  (CHANDAN KHANNA/AFP via Getty Images)

"He argued that it was time to stop weaponizing the justice system and move forward constructively. No report should be prepared or released, and Smith should be removed, including for suggesting that course of action given his obvious political motivations and desire to lawlessly undermine the transition."

The three individuals, Trump, Nauta, and De Oliveira, all entered not guilty pleas to federal charges accusing them of conspiring to impede the FBI's investigation 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's property manager heads into court
Carlos De Oliveira, center, an employee of Donald Trump's Mar-a-Lago estate, arrives for a court appearance with attorney John Irving, at the James Lawrence King Federal Justice Building, Monday, July 31, 2023, in Miami. (Wilfredo Lee/AP)

He must outline the investigation and its findings in his report to Garland, who will decide whether to share it publicly.

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 2016 presidential campaign and the Trump-Russia probe, as well as Robert Hur's final report on President Biden's handling of classified documents.

The reports were made public simultaneously with their sharing with Congress members. It is uncertain whether Garland will follow suit with Smith's findings, given their sensitivity and Trump's status as president-elect.

Planet Chronicle' Breanne Deppisch contributed to this report.

by Danielle Wallace,David Spunt

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