A federal appeals court has denied an emergency bid to block the release of special counsel Jack Smith's Jan. 6 investigation report, paving the way for its public disclosure, The Hill reported.
On Thursday, the 11th Circuit Court of Appeals rejected an emergency motion to block the release of Smith's report on the Jan. 6 investigation. The ruling comes after former President Donald Trump's legal team and two co-defendants sought to prevent the document from being released publicly.
The court's decision follows a flurry of legal activity earlier in the week.
Trump's attorneys filed motions in multiple courts to halt the report's release, which covers Smith's investigations into both the Jan. 6 Capitol riot and the handling of classified documents at Trump's Mar-a-Lago estate.
Federal prosecutors had urged the appeals court to deny the motion, arguing that withholding the Jan. 6 section of the two-volume report had no legal basis.
In a filing on Wednesday, prosecutors noted that Attorney General Merrick Garland had already determined the Mar-a-Lago portion of the report would remain confidential to avoid prejudicing ongoing trials.
The report is expected to detail Trump's efforts to contest the 2020 election results, culminating in the Jan. 6 riot. While Smith's investigation also examined Trump's alleged mishandling of classified documents, Garland has opted to withhold that portion indefinitely.
The appeals court decision reverses a controversial lower court ruling issued Tuesday by U.S. District Judge Aileen Cannon, who temporarily barred the release of both volumes of Smith's report. Cannon's jurisdiction in the matter has been questioned, as her prior dismissal of the case is under appeal in the same appellate court.
The withheld Mar-a-Lago section of the report focuses on Trump's handling of classified materials at his Florida estate. Prosecutors have dropped charges against Trump in that case, citing Justice Department policy against indicting a sitting president. However, Trump's co-defendants, Walt Nauta and Carlos de Oliveira, remain on trial for their alleged roles in concealing documents.
Critics argue that withholding the Mar-a-Lago volume effectively ensures the public will never see the findings of Smith's investigation into the mishandling of classified records.
Garland's decision to release the Jan. 6 report, despite legal opposition, marks a significant moment in the broader effort to address accountability for the Capitol attack.
The appeals court's denial of the emergency motion clears the way for the Justice Department to proceed with the report's public disclosure in the coming days.
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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