The US Department of Justice will not publicly release all special counsel reports on Trump by Reuters

Written by Sarah N. Lynch and Andrew Godward

WASHINGTON (Reuters) – The U.S. Justice Department said on Wednesday it will not for now release special counsel Jack Smith’s report on Donald Trump’s keeping of secret records, citing the ongoing prosecutions of two of the president-elect’s aides.

The department said in a memorandum submitted to a federal appeals court based in Atlanta that this part of Smith’s report will be available to some members of Congress charged with judicial oversight.

The department said Smith has completed his two-volume report on Trump, and that Attorney General Merrick Garland currently plans to release only the first part related to Trump’s efforts to subvert the 2020 presidential election.

While the department dropped criminal prosecutions against Trump after his election in November, it is moving forward with a case against two other defendants, Altin Naota and Carlos de Oliveira, who worked for Trump, over the documents.

Justice Department regulations require Smith to submit a final report at the end of his investigation.

It was not clear how much information it would contain that had not yet been disclosed in the criminal case Smith brought against Trump during the 2020 election, which has now been dismissed, and a 700-page report prepared by a congressional committee that studied similar events.

On Tuesday, U.S. District Judge Eileen Cannon, who oversaw the classified documents case, temporarily blocked the administration from releasing the report at the request of Nauta and de Oliveira.

The Justice Department said limited disclosure of the documents report to members of congressional leadership would advance the public interest while protecting the interests of the remaining defendants.

US prosecutors accused Trump of illegally keeping secret records after leaving the White House in January 2021 and trying to obstruct government efforts to return them.

They also accused Trump of trying to obstruct the government from certifying President Joe Biden’s 2020 election victory over Trump.

The Justice Department has abandoned prosecutions against Trump, citing its long-standing policy against prosecuting a sitting president.

Prosecutors urged the appeals court to revive their case against Nauta and de Oliveira, who have pleaded not guilty to obstruction charges. Cannon had previously dismissed all charges after ruling that Smith was improperly appointed as special counsel.