Special counsel Jack Smith has formally requested the 11th Circuit Court of Appeals to overturn Judge Aileen Cannon’s intervention in blocking the release of a Justice Department report on Donald Trump’s cases. The move is part of an escalating legal battle, and one expert believes it could have significant consequences.
Former FBI general counsel and Justice Department prosecutor Andrew Weissmann told MSNBC that Smith’s filing demonstrates the special counsel’s determination to counter Cannon’s ruling. “The government’s filing is incredibly strong,” Weissmann said, emphasizing the strength of Smith’s arguments.
Smith’s report, which addresses Trump-related investigations, includes a recommendation that volume two, concerning classified documents at Mar-a-Lago, remain sealed. This is to avoid prejudicing the two co-defendants of Trump involved in the case. Weissmann noted this aspect highlights that Judge Cannon’s intervention was unnecessary.
“Smith had actually recommended that the volume two of the report relating to Mar-a-Lago [documents] not be made public because there are two defendants who could be prejudiced,” Weissmann explained. “That was something that was new and makes it clear that Judge Cannon didn’t need to issue her decision.”
Attorney General Merrick Garland had planned to release Smith’s report on January 6 and the 2020 election to the public. However, Cannon issued a stay on the release, requiring the DOJ to seek relief from the 11th Circuit Court of Appeals.
“Judge Cannon sort of preemptively said everything is stayed,” Weissmann recalled, calling her order an overreach. Weissmann expressed confidence that the appeals court would allow the release of the January 6-related report, despite Cannon’s attempts to delay it.
“It seems highly unlikely there is any argument to prevent that from happening,” he said. The case underscores the ongoing legal complexities surrounding Trump’s investigations and Judge Cannon’s controversial involvement. Critics have accused Cannon, a Trump appointee, of issuing rulings favorable to the former president.
As the 11th Circuit considers Smith’s request, the outcome could determine when, or if, the American public will gain access to the findings from one of the most high-profile investigations in recent history. For now, the DOJ and Smith remain poised to push back against judicial obstacles in pursuit of transparency.