U.S. District Judge Aileen Cannon on Thursday issued an order temporarily halting the release of a report by special counsel Jack Smith regarding his investigation into classified documents linked to President-elect Donald Trump. The decision introduces further uncertainty into the high-profile case, which carries significant political ramifications.
The order postpones the report’s release until at least three days after the 11th Circuit Court of Appeals rules on a related matter. This 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 violate a previous ruling that deemed Smith’s appointment unconstitutional, CNN reported.
The emergency motion filed by Nauta and De Oliveira on Monday night requested immediate injunctive relief to prevent the publication of the report. Their motion is connected 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 is still under review by the appellate court.
In her written order, Cannon emphasized the importance of maintaining the status quo until the appellate court issues further guidance. She temporarily prohibited 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 sparked controversy, with Trump’s allies claiming it is politically motivated and lacks constitutional legitimacy. The special counsel’s investigation has already encountered setbacks, including Cannon’s previous dismissal of charges against Nauta and De Oliveira. If the appellate court upholds the emergency motion, the report could remain sealed indefinitely. However, Cannon has clarified that her order should not be interpreted as a final ruling on the merits of the motion.