Trump-Appointed Judge Paves Path for DOJ to Unveil Final Election Subversion Report

A federal judge appointed by former President Trump has authorized Attorney General Merrick Garland to release Jack Smith’s final report regarding the president-elect’s alleged subversion of the 2020 election. U.S. District Judge Aileen Cannon’s ruling could see the report made public as early as Tuesday, following Trump’s attempt last week to prevent its release, citing concerns it could disrupt the presidential transition.

With Trump’s inauguration just a week away, this report offers the public a critical opportunity to grasp the actions taken by the president-elect to retain power after his electoral defeat to President Joe Biden. Smith submitted both volumes of his report last week and resigned from his position as special counsel shortly thereafter. Trump has expressed intentions to terminate Smith upon taking office, promising to investigate him for purported abuses of the justice system.

Cannon’s decision came in response to an emergency motion by Trump aide Walt Nauta and former Mar-a-Lago property manager Carlos De Oliveira, who sought to block the release of what is referred to as Volume One of Smith’s report. Just four days prior, the 11th Circuit court denied Trump’s efforts to halt both volumes of the report.

The judge concluded that releasing Volume One would not adversely affect Nauta or De Oliveira, as it contained minimal references to their involvement. Cannon dismissed their argument asserting that her prior ruling questioning Smith’s appointment invalidated the entirety of the case against them.

Cannon noted that the ongoing appeal regarding her earlier ruling relates solely to the classified documents case and that she lacks authority to enforce an order preventing the release of Volume One. A hearing has been scheduled for January 17 to evaluate the release of Volume Two, which addresses Trump’s handling of classified documents after his presidency.

In a court filing, Garland stated that he would limit the release of Smith’s report on the Washington election subversion case to safeguard against any potential prejudice in the ongoing cases against Nauta and De Oliveira. He plans to allow access to the Florida report exclusively for leadership in the House and Senate Judiciary Committees.

Garland emphasized that releasing Volume One to Congress and the public is in the public interest, stating it would aid in informing both branches regarding this significant matter. His decision to restrict the Florida report’s release followed Smith’s recommendation.

The unfolding situation challenges the norm of special counsels issuing final public reports, regardless of findings. This has heightened tensions between the current attorney general and Trump’s designated attorneys, Pam Bondi and Todd Blanche, with Blanche advocating for a shift in authority over report releases to Bondi.

Much of Smith’s investigation findings have been made public previously through immunity briefs and dossiers released in October. However, the final report represents a comprehensive overview of Trump’s attempts to maintain control post-defeat in the 2020 election.

Cannon’s ruling comes amid Trump’s ongoing legal challenges, such as the recent ruling from New York Supreme Court Justice Juan Merchan, who imposed an unconditional discharge on Trump regarding 34 counts of business record falsification. While this sentence entails no punishment, it establishes his status as a convicted felon just days before assuming the presidency.