Pressure Mounts for Garland to Disclose Jack Smith’s Report on Trump
On Monday, U.S. Attorney General Merrick Garland was urged to promptly disclose special counsel Jack Smith’s conclusive report concerning his probes into Donald Trump, following a strong plea from the president-elect’s legal representatives to keep the findings secret.
Through an email communication to Garland—coinciding with the fourth anniversary of the January 6, 2021 Capitol riot incited by Trump—the legal team of the president-elect insisted that Smith “cease all actions related to drafting and publishing this report,” arguing that its release would breach the Presidential Transition Act and the doctrine of presidential immunity.
The lawyers suggested that if Smith is not dismissed, the responsibility of managing his report should be transferred to the attorney general designated by President Trump, aligning with what they claim to be the voter’s mandate.
Todd Blanche, one of the letter’s signatories to Garland, is nominated by Trump to be the deputy attorney general in the new administration.
This request from Trump’s attorneys has amplified the demands for Garland to make Smith’s findings public.
“Merrick Garland has only one more opportunity to demonstrate even a trace of backbone—he has two weeks to release Jack Smith’s report,” stated Jon Bauman, president of the Social Security Works PAC, in his critique. “This is his final opportunity to get it right.”
Smith was charged with examining Trump’s illegal retention of classified documents at his Mar-a-Lago property and his attempts to overturn the 2020 presidential election results. Following Trump’s victory in the 2024 election, Smith concluded both federal investigations, stating that “the Constitution mandates the dismissal of this case before the defendant’s inauguration.”
However, Smith emphasized that his decision to drop the cases was “not a reflection on the cases’ merits or their robustness against the defendant.”
Special counsels are obligated under federal law to submit their investigative reports to the attorney general, who then decides on their public release.
Apart from Trump’s lobbying efforts against Garland, two former co-defendants of the president-elect in the classified documents case are persuading Trump-appointed U.S. District Judge Aileen Cannon to prevent the Justice Department from disclosing Smith’s report.
Politico has noted that Cannon’s authority to fulfill this request remains uncertain.
“After she declared the appointment of Smith as special counsel unconstitutional and dismissed the case, the Justice Department appealed to the 11th Circuit Court of Appeals based in Atlanta,” reported the publication. “This court, not Cannon, presently holds jurisdiction over the case.”
On Tuesday, Smith revealed in a legal document that his team is “nearing completion of a two-volume confidential report for the attorney general that details the special counsel’s prosecutorial decisions.”
“The decision to release any section of the report to the public rests with the attorney general,” the document added. “While the attorney general has not finalized how to proceed with the report concerning the classified documents… the department assures that, if released, it will not be before Friday, January 10, 2025, at 10:00 am.”
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