WASHINGTON − A federal judge permanently blocked the Justice Department from releasingformer special counsel Jack Smith's report on his criminal case accusingPresident Donald Trumpofmishandling classified documentshe took with him following his first term in office and obstructing government efforts to retrieve them.
U.S. District Judge Aileen Cannon, a Trump appointee, on Feb. 23 found that any public release of the report would be a "manifest injustice" to Trump and two associates because it would detail allegations of alleged criminal wrongdoing in a case that was dismissed before ever going to trial.
The ruling is the latest in a series of decisions by Cannon to protect Trump from having the contents of the case made public.
Pictured here, Special Counsel Jack Smith delivered remarks on a recently unsealed indictment against then-former President Trump at the Justice Department on June 9, 2023 in Washington, D.C. At the time, Trump was indicted in the special counsel's classified documents probe." style="max-width:100%; height:auto; border-radius:6px; margin:10px 0;" loading="lazy" />
Smith was appointed independent special counsel by Attorney General Merrick Garland in 2022 to oversee two criminal investigations into former President Donald Trump's alleged role in the January 6, 2021 attack on the U.S. Capitol and his alleged mishandling of classified documents. Smith dropped both cases after Trump won the 2024 election, citing a Justice Department policy against prosecuting a sitting president." style="max-width:100%; height:auto; border-radius:6px; margin:10px 0;" loading="lazy" />
Smith was appointed independent special counsel by Attorney General Merrick Garland in 2022 to oversee two criminal investigations into former President Donald Trump's alleged role in the January 6, 2021 attack on the U.S. Capitol and his alleged mishandling of classified documents. Smith dropped both cases after Trump won the 2024 presidential election." style="max-width:100%; height:auto; border-radius:6px; margin:10px 0;" loading="lazy" />
Smith is a long-time prosecutor whose experience ranges from prosecuting a sitting US senator to prosecuting a gang member who was ultimately convicted of murdering New York City police officers. He has also prosecuted war crimes at The Hague." style="max-width:100%; height:auto; border-radius:6px; margin:10px 0;" loading="lazy" />
Who Is Jack Smith? The special counsel named in historic Trump investigations.
Jack Smith, the former U.S. Justice Department Special Counsel who brought twonow-dropped criminal casesagainstPresident Donald Trump, will publicly testify to the House Judiciary Committee on Jan. 22.Pictured here, Special Counsel Jack Smith delivered remarks on a recently unsealed indictment against then-former President Trump at the Justice Department on June 9, 2023 in Washington, D.C. At the time, Trump was indicted in the special counsel's classified documents probe.
In July 2024, Cannon ruled that Smith's appointment as special counsel under the administration of PresidentJoe Bidenwas unconstitutional anddismissed the case.
The Biden Justice Department appealed that decision but ultimately dropped the case and another charging Trump withunlawfully trying to stay in powerafter losing the 2020 presidential election, after Trump was elected to a second term last November. In both, Smith citeda Justice Department policyagainst prosecuting a sitting president.
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Citing her 2024 dismissal of the case, Cannon said in her current ruling that Smith was acting "without lawful authority" in obtaining the indictment against Trump, valet Walt Nauta and Mar-a-Lago employee Carlos de Oliveira.
"As a result, the former defendants in this case, like any other defendant in this situation, still enjoy the presumption of innocence held sacrosanct in our constitutional order," Cannon wrote in her new order.
Cannon's move means the American public may never see the substantial amount of evidence gathered by prosecutors in one of the four criminal cases Trump faced in his years out of office.
Trump was accused of illegally storing documents related to U.S. national security and defense at his Mar-a-Lago estate and social club and then obstructing U.S. government efforts to retrieve the material.
Trump, Nauta and de Oliveira pleaded not guilty to all charges, with Trump arguing he did nothing wrong in deciding to keep the documents. They asked Cannon to bar the release of the report, which detailed justification for the charges.
This article originally appeared on USA TODAY:Judge blocks release of Jack Smith's Trump classified documents report