Two former co-defendants in President-elect Trump's classified documents case are asking a judge to block the public release of Special Counsel Jack Smith's report.
Walt Nauta, Trump's valet, and Carlos de Oliveira, manager of Trump's Mar-a-Lago estate in Palm Beach, Florida, told U.S. District Judge Eileen Cannon that Smith's report was I'm asking you to keep it out of public view.
Fox News has been told the report will take several days to be released. It might be late this week or next week. Smith is expected to resign before Trump's inauguration as president on January 20.
In an emergency motion filed on Monday, lawyers for Mr. Nauta and Mr. de Oliveira said, “These defendants have committed the government's impermissible and destructive use of political law, including the publication of unauthorized reports, to the detriment of civilians. They will be sacrificed and will suffer irreparable damage.” “The final report relies on materials to which Mr. Smith lost the right to access as a disqualified special counsel, and Mr. Smith's attempts to share such materials with the public are highly inappropriate. be.”
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U.S. Special Counsel Jack Smith speaks at a press conference on Tuesday, August 1, 2023 in Washington, DC, USA. (Al Drago/Bloomberg via Getty Images)
The emergency motion asked the court for an immediate hearing to establish “the unreasonableness of the unchecked release, the extent of the resulting prejudice, and the specific materials contained in the report that should not be allowed to be released.”
“The final report promises to be one-sided and biased, relying almost exclusively on the evidence presented to the grand jury and subject to necessary protections,” Smith said. known only as a result of an unconstitutional appointment. The sole purpose is to convince the public that everyone accused by Smith is guilty of the crime with which they are accused,” lawyers for Nauta and de Oliveira wrote. There is.
“However, Nauta and de Oliveira's criminal proceedings are not over; Smith's appeal of this court's dismissal order is still pending,” the motion states. “It is noteworthy that the government continued to explain its appeal even after the dismissal of the appeal against President Trump.The threat of future criminal proceedings regarding Nauta and de Oliveira still exists, and the dissemination of the final report will “A lawsuit will result in irreparable and irreparable harm.'' ”
It is customary for special prosecutors to issue a final report at the end of their work, detailing the findings of their investigation and explaining the prosecution or non-prosecution decisions reached as a result of the investigation. In Smith's case, the prosecutor's decision doesn't matter, given Trump's status as president-elect and the Justice Department's longstanding policy. oppose criminal charges against the incumbent president.
According to standard practice, the report would first be sent to Attorney General Merrick Garland's office for review.
Todd Blanche, Trump's lawyer who is expected to take a senior position at the Justice Department, has asked Garland not to release the report.
“Mr. Smith's proposed plan to release the report is unlawful, carried out in bad faith, and contrary to the public interest,” Blanche said in a written statement attached to the same motion. “Mr. Smith's actions unlawfully usurp the incoming Trump administration's executive authority to resolve issues surrounding Mr. Smith's office in accordance with President Trump's national mandate from his constituents, and constitute a serious violation of Article 2. It also raises concerns.”
Former President Trump's personal aide Wal Nauta arrives at the Alt Lee Adams Sr. U.S. Courthouse in Fort Pierce, Florida on August 10, 2023. (Chandan Khanna/AFP via Getty Images)
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He further argued that “the time has come to end the weaponization of the justice system and move forward constructively.” “No report should have been produced or published, and Mr. Smith should not have even suggested such a course of action given his obvious political motives and desire to illegally undermine the transition. and should be dismissed.”
Mr. Trump, Mr. Nauta and Mr. de Oliveira have all pleaded not guilty to federal charges that they conspired to obstruct the FBI's investigation into classified documents found at Mar-a-Lago. .
In 2022, Mr. Garland told Mr. I was asked to investigate both.
Carlos de Oliveira (center), an employee of Donald Trump's Mar-a-Lago estate, speaks with attorney John Irving at the James Lawrence King Federal Judiciary Building in Miami, Monday, July 31, 2023. Arrive to appear in court. (Wilfried Lee/Associated Press)
But a report to Mr Garland must outline the investigation and its findings, and Mr Garland will decide whether to make it public.
Notably, Garland has chosen to release reports from two other special counsels whose investigations were closed during his tenure, and in 2019 by then-Attorney General Bill Barr. It has chosen to release both the summary report submitted by John Durham, who was selected to lead the law enforcement and intelligence investigation. The origins of the Trump-Russia investigation during the 2016 presidential campaign, and the handling of Biden's classified documents in the final report from former U.S. attorney Robert Hur, which he commissioned for the presidential investigation in 2023.
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These reports were made public at the same time as they were shared with members of Congress. Given Garland's sensitivities and Trump's views, it's unclear whether Garland will take the same action on Smith's findings. Position as next president.
FOX News' Brianne Despiche contributed to this report.
