(WASHINGTON) — With the court injunction prohibiting U.S. Attorney General Merrick Garland from releasing special counsel Jack Smith’s final report on his investigations into Donald Trump set to expire today, attorneys for Trump’s former co-defendants continue to implore the judge who oversaw their classified documents case to block the report.
In a filing overnight that appeared to be the legal equivalent of re-upping their last email, lawyers for Walt Nauta and Carlos De Oliveira again asked U.S. District Judge Aileen Cannon to extend her order blocking the release of Smith’s entire final report — covering his classified documents investigation and his election interference probe — and to hold a hearing about permanently prohibiting the report’s release.
“The Government, driven by political priorities that have no place in a criminal trial setting, seeks to strong-arm its way through this orderly process and has repeatedly failed to abide by established rules and procedure,” the lawyers wrote.
Judge Cannon last week issued the injunction temporarily blocking the release of the entire report — both the first volume on the Jan. 6 case and the second volume on the classified documents case — as the Justice Department appeared poised to publicly release the report. Garland has since vowed to release the classified documents volume to top members of Congress and to publicly release the classified documents volume — which the DOJ attested in a filing this weekend has no bearing on the evidence or charges related Nauta and De Oliveira — but Trump’s former co-defendants continue to push for neither volume to see the light of day.
Relying on the argument that Smith was unconstitutionally appointed, the defense lawyers in their overnight filing claimed that the report was “prepared unlawfully” and that both cases are “inextricably intertwined.” They also attempted to cast doubt on the representation made by the DOJ over the weekend and accused the government of “political gamesmanship.”
“The Government appears to be doing everything it can to skip steps in the required process, in the name of a feigned emergency,” the filing said.
The filing came a day after the Arizona attorney general asked the Justice Department for the case file related to Smith’s 2020 election probe in order to assist her prosecution of several so-called “fake electors.”
Arizona Attorney General Kris Mayes, who in April indicted 11 individuals, including Trump allies Rudy Giuliani and Mark Meadows, on charges of attempting to overturn the 2020 election results in her state, told Garland in a letter Sunday that gaining access to the case file will “help ensure that those who should be held accountable are.”
“Today, my office has one of the only remaining cases that includes charges against national actors,” the letter said. “I have held steadfast to prosecuting the grand jury’s indictment because those who tried to subvert democracy in 2020 must be held accountable.”
The letter also asked the DOJ for any “exculpatory material” unearthed in the probe.
It also referenced a recent order from a state judge that granted a request from Meadows for discovery in the case to help aid in his defense. The letter, though, acknowledges that the state judge “cannot compel disclosure from a federal agency.”
“For the reasons discussed above, the Maricopa County Superior Court’s order should be fulfilled. In the alternative, consider this a request under the Freedom of Information Act,” the letter states. “Disclosure will ensure justice is done consistent with the rule of law.”
Trump pleaded not guilty in 2023 to 40 criminal counts related to his handling of classified materials after leaving the White House, after prosecutors said he repeatedly refused to return hundreds of documents containing classified information and took steps to thwart the government’s efforts to retrieve them from his Mar-a-Lago estate. The former president, along with Nauta and De Oliveira, pleaded not guilty in a superseding indictment to allegedly attempting to delete surveillance footage at Mar-a-Lago.
Trump also pleaded not guilty in 2023 to separate charges of undertaking a “criminal scheme” to overturn the results of the 2020 election in an effort to subvert democracy and remain in power.
Both cases were dismissed following Trump’s reelection in November due to a longstanding Justice Department policy prohibiting the prosecution of a sitting president.
Smith resigned as special prosecutor on Friday after wrapping up the cases and submitting his report to Garland.
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