The federal judge overseeing Donald Trump’s classified documents case has barred the Department of Justice from sharing special counsel Jack Smith’s final report on his investigation with certain members of Congress.
In an order issued one day after Trump’s inauguration, Judge Aileen Cannon delivered a scathing critique of the Department of Justice’s “startling” behavior and willingness to “gamble” with the rights of Trump’s former co-defendants by attempting to allow four members of Congress to review Smith’s final report as directed by DOJ policy.
“Prosecutors play a special role in our criminal justice system and are entrusted and expected to do justice,” according to Cannon. “The Department of Justice’s position on Defendants’ Emergency Motion … has not been faithful to that obligation.”
In June 2023, Trump pleaded not guilty to 37 criminal counts related to his handling of classified materials, after prosecutors accused him of repeatedly refusing to return hundreds of documents containing classified information.
The former president, along with his longtime aide Walt Nauta and staffer Carlos De Oliveira, pleaded not guilty in a superseding indictment to allegedly attempting to delete surveillance footage at Trump’s Mar-a-Lago resort.
Judge Cannon dismissed the case in July based on Smith’s appointment’s constitutionality, and Smith dropped Trump from his appeal after the election due to a longstanding Department of Justice policy prohibiting the prosecution of a sitting president — but the Justice Department appealed the case’s dismissal against Nauta and De Oliveira.
Cannon criticized prosecutors in her ruling on Tuesday for being willing to release sensitive court materials, including those obtained through grand jury subpoenas, while the case against Trump’s former co-defendants is still ongoing.
“In short, the Department offers no valid justification for the purportedly urgent desire to release to members of Congress case information in an ongoing criminal proceeding,” according to Cannon.
Cannon expressed concern that if the report is shown to members of Congress, it may be leaked publicly, preventing Trump’s former co-defendants from receiving a fair trial.
“This Court lacks the authority to enforce any proposed confidentiality conditions, even if they exist in memorialized form. And, most importantly, the Department has provided no valid reason to take this risk with the Defendants’ rights,” the order stated.
Cannon’s order remains in effect for at least 30 days after the case proceedings conclude, at which point the Justice Department can inform the court of its position on the order.
The DOJ’s new leadership under Trump is not expected to press for the release of the report, making it unlikely that it will ever be made public.