A panel of judges on the Eleventh Circuit Court of Appeals, in a ruling Thursday night, denied an effort to block the release of special counsel Jack Smith's final report on his two investigations into Donald Trump.
U.S. Judge Aileen Cannon, who dismissed Trump's classified documents case, temporarily blocked the report's release on Tuesday, while the matter was considered by the Eleventh Circuit.
The Eleventh Circuit, in its decision, declined to immediately overturn Judge Cannon's temporary injunction, instead ruling that the Justice Department can file a separate appeal if they want to release the report earlier than this Sunday, when Cannon's injunction expires.
The Justice Department subsequently notified Judge Cannon of their intent to appeal her injunction blocking the report's release, according to a court filing.
Attorney General Merrick Garland, in a letter to Congress informing them Wednesday that Smith had concluded his investigations, acknowledged that he was, at that time, barred by Judge Cannon from releasing the report outside of the Justice Department, but that he intended to make Volume One of the report, regarding Trump's efforts to subvert the 2020 election, available to the public once he is "permitted to do so" by the courts.
Garland, in the letter, confirmed that he plans to make available Volume Two of the report, pertaining to Trump's classified documents case, available to leaders of the House and Senate Judiciary Committees for closed-door review as soon as the Eleventh Circuit permits him to do so.
"Consistent with local court rules and Department policy, and to avoid any risk of prejudice to defendants Waltine Nauta and Carlos De Oliveira, whose criminal cases remain pending, I have determined, at the recommendation of the Special Counsel, that Volume Two should not be made public so long as those defendants' criminal proceedings are ongoing," Garland wrote.
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