President-elect Donald Trump is making a concerted effort to stop special counsel Jack Smith from releasing his final report on criminal cases against him. In a letter to Attorney General Merrick Garland on Monday, Trump’s attorneys, Todd Blanche and John Lauro, characterized Smith’s investigations as failed attempts that were dismissed by courts in Florida and Washington, D.C.
“Rather than acknowledging, as he must, President Trump’s complete exoneration, Smith now seeks to disseminate an extrajudicial ‘Final Report’ to perpetuate his false and discredited accusations,” the letter stated.
The attorneys criticized Smith’s actions as a “bad-faith crusade” driven by political motives on behalf of the Biden-Harris administration. They described the report as an extension of what they claim to be Smith’s politically charged campaign against Trump. Additionally, the letter labeled the release of the report as “imprudent and unlawful,” arguing it violated the Presidential Transition Act, the doctrine of presidential immunity, and fundamental norms regarding the presumption of innocence.
Calling Smith’s appointment inappropriate and his actions unlawful, Trump’s legal team urged Garland to intervene. “Because Smith has proposed an unlawful course of action, you must countermand his plan and remove him promptly,” the attorneys demanded.
Trump’s attorneys further asserted that Smith’s report reflects a continuous attempt to undermine the former president, despite previous legal rulings. The judge presiding over Trump’s election subversion case in November dismissed the case at Smith’s request, citing Justice Department policy that prohibits prosecuting a sitting president.
“The Department’s position is that the Constitution requires that this case be dismissed before the defendant is inaugurated,” Smith stated to U.S. District Court Judge Tanya Chutkan. He added, “This outcome is not based on the merits or strength of the case against the defendant.”
In a separate case in Florida, Judge Aileen Cannon ruled that Smith’s appointment was unconstitutional in his handling of allegations that Trump took classified national defense documents from the White House after leaving office. The case was ultimately dismissed, adding fuel to Trump’s defense claims.
As tensions mount, Trump’s legal team maintains that Smith’s proposed actions are unlawful and politically motivated. Their appeal to Garland underscores their insistence that any attempt to release the report should be halted immediately.