WASHINGTON − On Thursday, a federal appeals court permitted Attorney General Merrick Garland to go ahead with the release of special counsel Jack Smith’s report concerning President-elect Donald Trump’s purported attempts to undermine the 2020 election results, though the exact timing has yet to be determined.

The 11th U.S. Circuit Court of Appeals declined an emergency motion from Trump’s co-defendants seeking to prevent the report’s release.

This ruling came after U.S. District Judge Aileen Cannon issued a temporary order on Tuesday, which prohibited Garland or Smith from making the report public. However, Cannon also indicated that if the appeals court rejected the emergency request – which it did – her hold on the report would only last another three days. The appeals court also encouraged the government to contest her ruling.

The two-sentence ruling from the appeals court followed Garland’s statement that he would only make the first part of Smith’s report public while excluding another section that relates to allegations of Trump mishandling classified documents after his time in the White House. Trump’s co-defendants, Walt Nauta and Carlos De Oliveira, face charges solely connected to this latter case.

Trump is actively trying to stop the release of the complete report while he prepares to assume office again on Jan. 20. Following the appeals ruling, Garland stated he would release the report only when the court permits him to do so.

Federal charges related to the election and documents cases were dropped after Trump won the 2024 presidential election. In correspondence to Garland, Trump’s attorneys stated that the dismissal indicates “Trump’s full exoneration” and that Smith’s report would only serve to “continue spreading false and unfounded allegations.”

Nauta and De Oliveira claimed that the report would be “one-sided and biased,” aiming solely to convince the public of the guilt of those Smith has charged. Trump joined their request for the release to be halted.

According to government lawyers, Garland would refrain from releasing any information about the classified documents as long as the charges against Nauta and De Oliveira are active. The second part of the report would be accessible to leaders from both parties on the House and Senate Judiciary Committees for their review, the lawyers noted.

Nauta and De Oliveira argued even a limited release to Congress could bias any future trial against them.

AG Garland Plans to Release Portions of Smith’s Report for ‘Public Interest’

Prior to the dismissal of the cases at Smith’s request, Trump faced two federal indictments. This was due to the long-standing Justice Department guideline against prosecuting a sitting president. Special counsels customarily provide reports that detail their investigations and the choices regarding charges.

Trump has consistently asserted his innocence, claiming that the charges were politically motivated attacks from the Democratic Biden administration aimed at disrupting the 2024 election.

“I defeated the deranged Jack Smith,” Trump proclaimed on Tuesday. “We did nothing wrong.”

The inquiry that resulted in two federal indictments against Trump concerns alleged interference in the 2020 election and the illegal retention of national defense documents after he left the White House. Government attorneys stated that making the information on election interference and the discussions surrounding potential charges available serves the public good.

According to the filing by Brian Boynton, principal deputy assistant attorney general; Markenzy LaPointe, U.S. attorney in southern Florida; and Mark Freeman, a civil division lawyer: “The Attorney General plans to share Volume One with Congress and the public to support and to advance the public’s interest in keeping a co-equal branch and the public informed about this important issue.”

The document also stated, “This restricted release will promote the public’s interest by keeping congressional leadership updated on a significant matter within the Department, while also protecting the rights of the defendants.”

What charges were dropped against Trump?

In Washington, Trump faced charges for allegedly conspiring to overturn the 2020 election based on unsubstantiated claims of extensive fraud. He was also accused of hindering Congress from counting the Electoral College votes on January 6, 2021, when a riot by his supporters at the Capitol interrupted the proceedings.

In Florida, Trump was charged with unlawfully holding onto national defense documents after exiting the White House following his first term. In August 2022, FBI agents uncovered over 100 classified documents during a search of his Mar-a-Lago residence.