Judge Cannon Smacks Down Jack Smith, Blocks Release Of Anti-Trump Report
On Tuesday U.S. District Judge Aileen Cannon issued an order temporarily halting the release of a report by special counsel Jack Smith regarding his investigation into classified documents tied to President-elect Donald Trump. The decision adds further uncertainty to the high-profile case that was fraught with political ramifications. The order delays the report’s release until at least three days after the 11th Circuit Court of Appeals rules on a related matter. That case involves a motion by Trump co-defendants Waltine Nauta and Carlos De Oliveira, who argue that releasing the report would cause “irreparable harm” and violates a prior ruling that deemed Smith’s appointment unconstitutional.
The emergency motion filed by Nauta and De Oliveira on Monday night sought immediate injunctive relief to block the report’s publication. Their motion is tied to an ongoing appeal by the Department of Justice challenging Judge Cannon’s earlier decision to dismiss the superseding indictment against the two defendants. The dismissal was based on a violation of the Appointments Clause, a ruling that remains under review by the appellate court. In her written order, Cannon stressed the need to preserve the status quo until the appellate court provides further direction. She temporarily enjoined Attorney General Merrick Garland, the Department of Justice, and Smith from releasing or sharing any drafts or conclusions of the report outside the DOJ.
“To prevent irreparable harm arising from the circumstances as described in the current record in this emergency posture, and to permit an orderly and deliberative sequence of events, it is ORDERED AND ADJUDGED,” Cannon wrote, outlining the injunction.Smith’s report has been controversial, with Trump allies arguing it is politically motivated and lacks constitutional legitimacy. The special counsel’s investigation has already faced setbacks, including Cannon’s earlier dismissal of charges against Nauta and De Oliveira. If the appellate court upholds the emergency motion, the report could remain sealed indefinitely. Meanwhile, Judge Cannon has clarified that her order should not be seen as a final ruling on the merits of the motion.
A cornerstone of his post-presidency legal challenges, the classified documents case against Trump stemmed from allegations that he improperly retained sensitive government materials after leaving the White House. The controversy began in January 2021, when Trump transported numerous documents, including classified items, to his Mar-a-Lago estate in Florida. Months later, the National Archives and Records Administration (NARA) flagged the absence of critical documents, eventually recovering 15 boxes in January 2022.
Among the items were classified materials, prompting the Department of Justice (DOJ) to launch an investigation. The case intensified in August 2022, when the FBI executed a search warrant at Mar-a-Lago, seizing over 13,000 government documents, including more than 300 classified files, some tied to national defense. Special Counsel Smith, appointed to oversee the investigation, led a June 2023 federal indictment against Trump. He faced 37 charges, including willful retention of national defense information, obstruction of justice, and making false statements. Two Trump associates, Walt Nauta and Carlos De Oliveira, were also charged in connection with the case.
Judge Cannon dismissed the case in July 2024, citing constitutional concerns about Smith’s appointment and the DOJ’s funding of his office. The DOJ initially considered an appeal but abandoned the effort following Trump’s election victory. Adhering to long-standing department policy, prosecutors opted not to pursue cases against a sitting president. As of January, federal prosecutions against Trump for both the classified documents case and alleged election interference have been dropped.
