Attorney General Garland to Release Special Counsel Smith’s Report on 2020 Election Interference

In a significant development surrounding the investigation into alleged 2020 election interference, Attorney General Merrick Garland is set to release Volume One of Special Counsel Jack Smith’s report. This report targets President-elect Donald Trump, revealing findings related to accusations that Trump sought to unlawfully reverse the outcomes of the 2020 presidential election. The announcement was made in a court filing submitted to the 11th Circuit U.S. Court of Appeals.

Volume One vs. Volume Two: What’s Included

The Justice Department disclosed on Wednesday that Garland’s release will include Volume One, which encapsulates the investigation’s conclusions and allegations against Trump. However, Volume Two, which pertains to the case concerning classified documents allegedly held by Trump, will remain confidential due to ongoing criminal proceedings involving co-defendants. Access to this second volume will be strictly limited to the chairmen and ranking members of both the House and Senate Judiciary Committees, and any discussions surrounding it will be prohibited.

Justice Department attorneys articulated that this “limited disclosure” would serve public interest by ensuring congressional leaders are kept informed about crucial matters from within the department while preserving the interests of the defendants involved in the case.

Tradition of Special Counsel Reports

It is customary for special counsels to deliver a final report detailing their investigative findings and the rationale behind any decisions made regarding prosecution or declination. In this case, the prosecutorial decision holds less weight due to Trump’s status as president-elect and standard Justice Department guidelines that often prevent bringing criminal charges against a sitting president. Special Counsel Jack Smith was originally expected to unveil the final report within the month, possibly as early as the end of the week. Smith is also slated to resign from his role before Trump officially assumes office on January 20.

Legal Battle Over Report Release

The impending release initiated a legal conflict as Trump’s co-defendants, Walt Nauta and Carlos De Oliveira, filed an emergency motion aimed at preventing what they labeled the imminent and damaging release of Smith’s final report. U.S. District Judge Aileen Cannon, presiding over the Southern District of Florida, ruled in favor of the co-defendants, highlighting the necessity of preventing “irreparable harm.” She enacted a temporary injunction against Smith, barring the release or distribution of the final report—an order that will remain effective until three days after a resolution is issued by the 11th Circuit Court of Appeals.

Context of the Investigations

Nauta and De Oliveira have pleaded not guilty to federal charges accusing them of conspiring to obstruct the FBI’s investigation into classified documents found at Trump’s Mar-a-Lago estate. Garland appointed Smith in 2022 to conduct an extensive inquiry into both the alleged efforts by Trump and his associates to disrupt the election results and Trump’s retention of classified documents at his Florida home.

Trump maintains his not guilty stance against all charges. Earlier this summer, Judge Cannon dismissed Smith’s case regarding classified records, asserting that the special counsel had been unlawfully appointed. Similarly, in November, federal Judge Tanya Chutkan dismissed the charges against Trump related to the 2020 election interference case. Smith subsequently withdrew his appeal concerning Cannon’s ruling on the classified records case.

The Impact of Garland’s Decisions

Garland has previously released reports from two other special counsels whose investigations concluded during his term. This includes the summary reports produced by John Durham, who was tasked by former Attorney General Bill Barr in 2019 to examine the origins of the Trump-Russia probe, as well as the final report generated by Robert Hur, a former U.S. attorney assigned in 2023 to investigate President Biden’s handling of classified documents.

While the political ramifications of these investigations are vast, the targeted disclosures made by Garland and the resulting judicial actions underscore the complexities and intensities surrounding the procedural and legal landscape as Trump nears his inauguration.

Looking Ahead

The release of Smith’s findings is expected to reignite discussions surrounding Trump’s presidency and the implications of his alleged actions during and after the 2020 election. As the nation watches closely, the legal battles unfolding in the courts will shape the narrative leading into the new administration, establishing a precedent for accountability and the rule of law. Whether these disclosures will satisfy public curiosity or spark further controversy remains to be seen, but they certainly promise to dominate headlines in the coming days.