Trump’s former accusers want a judge to block publication of Jack Smith’s report

Two of President-elect Trump Former defendants in the secret documents case want a judge to block special counsel Jack Smith’s report from being released to the public.

Trump valet Walt Nauta and Carlos de Oliveira, the manager of Trump’s Mar-a-Lago estate in Palm Beach, Florida, want U.S. District Judge Eileen Cannon to keep Smith’s report out of the public eye.

Fox News was told that the report would be released within days. It could be later this week or sometime next week. Smith is scheduled to resign from his position before Trump takes office on January 20.

“These defendants will suffer irreparable harm as civilian victims due to the government’s impermissible and intentional use of political law, including the publication of the unauthorized report,” Nauta and de Oliveira’s lawyers wrote in an emergency motion filed Monday. “The final report relies on material to which Smith, as a disqualified special counsel, no longer has access — making his attempt to share such material with the public entirely inappropriate.”

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The emergency motion asked the court to hold an immediate hearing “to determine the impropriety of the unchecked release; the scope of the resulting bias; and the specific materials contained in the report that may not be released.”

“The final report promises to be a biased and one-sided report, relying almost exclusively on evidence presented to a grand jury and subject to all the required protections—which Smith knows only as a result of his unconstitutional appointment—to serve one purpose,” Nauta and de Oliveira’s lawyers wrote. Convince the public that every person charged by Smith is guilty of the crimes charged.”

“But Nauta and De Oliveira’s criminal cases have not yet concluded; an appeal of this court’s dismissal order by Smith remains pending,” the motion says. “The government in particular continued to file the appeal brief even after President Trump’s appeal was denied. There remains the threat of future criminal proceedings with respect to Nauta and de Oliveira, and these proceedings will be irreversibly and irreparably affected by the publication of the final report.”

It is usual for the Special Counsel to issue a final report upon completion of his work, detailing the findings of his investigation and explaining any prosecution or denial decisions he reached as a result of the investigation. In Smith’s case, the prosecution’s decision is immaterial, given Trump’s status as president-elect and the Justice Department’s longstanding policy. Against criminal charges Against the current president.

The report will first go to Attorney General Merrick Garland’s office for review, according to standard practice.

Trump’s lawyer, Todd Blanche, who is set to take a top job at the Justice Department, is asking Garland not to release the report.

“Smith’s proposed plan to issue a report is unlawful, carried out in bad faith, and contrary to the public interest,” Blanche wrote in an exhibit attached to the same motion. “Smith’s conduct also raises serious Title II concerns because he unlawfully encroaches on the executive authority of the incoming administration of President Trump to resolve issues surrounding Smith’s office in accordance with President Trump’s national mandate from voters.”

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“It is time to put an end to the weaponization of the justice system and move forward constructively,” he added. “No report should be prepared or published, and Smith should be removed, including even because he proposed this course of action given his clear political motivations and desire to unlawfully undermine the transition process.”

Trump, Nota and de Oliveira have all pleaded not guilty to federal charges alleging that they conspired to obstruct an FBI investigation into classified documents. Found at Mar-a-Lago.

Smith was tapped by Garland in 2022 to investigate both alleged efforts by Trump and his allies to overturn the 2020 election results, as well as Trump keeping allegedly secret documents at his Florida residence.

But he must still explain the investigation and its findings in his report to Garland, who will then decide whether to share it publicly.

Notably, Garland chose to publish reports from two other special counsels whose investigations concluded during his tenure — publishing the two briefs submitted by John Durham, who was appointed by then-Attorney General Bill Barr in 2019 to review law enforcement and intelligence gathering. During the 2016 presidential campaign and the origins of the Trump-Russia investigation, as well as the final report by Robert Hoare, the former US attorney who used it in 2023 to investigate President Biden’s actions. Handling confidential documents.

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These reports were published at the same time as they were shared with members of Congress. It is unclear whether Garland will move to do the same with Smith’s findings, given their sensitivity and Trump’s findings His status as president-elect.

Fox News’ Brian Depesch contributed to this report.