Trump seeks to block ‘imminent’ release of special counsel Jack Smith’s report

President-elect Donald Trump and his former co-defendants in the Florida classified documents affair launched an effort Monday to block the release of a final report from special counsel Jack Smith that also addresses the election interference case.

Both lawsuits against Trump were dismissed.

Attorneys for the defendants Walt Nauta and Carlos De Oliveira filed a motion Monday evening asking U.S. District Judge Aileen Cannon to block Smith, who prosecuted the case, from releasing his report. They cited the judge’s previous ruling that Smith’s appointment was unconstitutional.

“The final report promises to be a one-sided and biased report, relying almost exclusively on evidence presented to a grand jury and subject to all the required protections – and of which Smith only became aware following his appointment unconstitutional – in order to serve a single purpose: to convince the public that all of those accused by Smith are guilty of the crimes charged,” the four lawyers wrote.

Defense attorneys on Monday asked Cannon to hold a hearing and rule on their motion by Friday, saying they believed release of the report was “imminent.”

Trump’s lawyers, meanwhile, sent a letter urging Attorney General Merrick Garland to block Smith from releasing the report. In the letter, Trump’s lawyers called Smith an “uncontrollable private citizen unconstitutionally posing as a prosecutor” aimed at politically harming Trump.

“Accordingly, because Smith proposed an illegal course of action, you must rescind his plan and promptly fire him.” If Smith is not removed from office, then the handling of his report should be turned over to President Trump’s new Attorney General, consistent with the expressed will of the people,” they wrote.

Trump’s lawyers said they reviewed a two-volume draft of Smith’s report at the special counsel’s office in Washington, D.C., over the weekend.

The special prosecutor’s office is required under Justice Department regulations to provide a confidential report to Garland, who can choose to make it public.

The Justice Department did not immediately respond to a request for comment Monday evening.

NBC News reported that Smith and his team plan to resign before Trump takes office on January 20.

The Justice Department accused Trump in Florida of mishandling classified materials after he left office. Cannon dismissed the case in July, saying Smith’s appointment was illegal. Trump pleaded not guilty.

Smith appealed the dismissal, but the case was overturned by Trump’s election in November, due to the Justice Department’s long-standing policy of not prosecuting sitting presidents. An appeals court later agreed to dismiss the case against Trump at Smith’s request.

Smith was also forced to end the election interference case against Trump after indicting him in 2023 for his efforts to overturn the 2020 presidential election. In November, a judge also agreed to dismiss that case at Smith’s request.

Federal prosecutors are still appealing Cannon’s dismissal of the charges against Nauta and De Oliveira.