WASHINGTON – A federal judge has instructed Justice Department special counsel Jack Smith not to make his report on the investigation of President-elect Donald Trump public until she reviews arguments concerning the dismissed charges.

U.S. District Judge Aileen Cannon has ordered Attorney General Merrick Garland and Smith not to share the report or any drafts outside the Justice Department unless a higher court rules otherwise.

Trump responded positively to the decision regarding what he refers to as a “fake report,” reminding everyone that Cannon had previously dismissed the charges by stating that Smith’s appointment and funding were illegitimate. He characterized the investigation as a “witch hunt” and called Smith “deranged” and a “disgrace.”

“If they’re not allowed to issue the report, that’s how it should be,” Trump stated. “That’s great news.”

Trump appointed Cannon to the bench in 2020.

Smith’s report is anticipated to offer the most detailed account to date regarding the investigation that resulted in two federal indictments against Trump: one concerning alleged conspiracy to overturn the 2020 election and the other about purported mishandling of classified documents after he left office.

A public release of this potentially significant report could happen soon. However, a legal struggle over its release will take place during the two weeks leading up to Trump’s return to the White House on January 20.

Both cases were dismissed at Smith’s request based on a longstanding policy against prosecuting sitting presidents. Therefore, neither case was resolved before Trump began his second term.

Usually, special counsels compile reports detailing their investigations and decisions regarding charges. Robert Mueller’s report from April 2019, which discussed the Russian interference investigation, drew major attention due to his choice not to pursue charges against Trump while he was president.

In a recent filing, Smith confirmed that he has drafted a two-volume report, corresponding to each of Trump’s two federal indictments. The report is in the process of being “finalized,” and Smith indicated that Garland would not release it before Friday at 10 a.m., noting he could pass it to Garland after 1 p.m. on Tuesday.

However, Trump urged Garland on Monday to stop Smith’s preparation and release of the report.

Similarly, Trump’s co-defendants in the classified-documents case, Walt Nauta and Carlos De Oliveira, appealed to Cannon for the same outcome. Smith had mentioned he would respond formally to this request by 7 p.m. on Tuesday, but Cannon made her ruling before he could file.

Nauta and De Oliveira, who assisted Trump at his Mar-a-Lago residence where they are accused of conspiring to conceal classified records, claimed they might still face charges even with Trump’s case being dismissed. They contended that Smith’s report “promises to be one-sided and biased,” aimed solely at convincing the public of their guilt.

Trump also requested to take part in the proceedings in Florida.

“As a former and soon-to-be President, who understands the damaging implications of legal tactics used by Smith and his team at the DOJ, President Trump should be allowed to engage in these hearings,” his attorneys argued.

In correspondence with Garland, Trump’s legal team claimed that the dismissal of the charges represented “Trump’s total exoneration,” and insisted that Smith’s report would “propagate false and previously discredited claims.” They cautioned that releasing the report would be “both unwise and illegal.”

Garland chose not to comment on the matter.

Former Representative Liz Cheney from Wyoming, who played a key role in the congressional investigation of the January 6, 2021 Capitol riot, stated that Garland has an obligation to disclose the report to “protect against the potential destruction of evidence.” She noted that Smith’s team has collected testimonies and materials from Trump’s advisors, including former Vice President Mike Pence.

“The truth must come to light,” Cheney expressed on X.

Trump was indicted in federal court in Washington, facing charges of trying to overturn the 2020 election with unfounded accusations of widespread fraud. He was also charged Donald Trump was accused of obstructing Congress from counting Electoral College votes on January 6, 2021, during a riot involving his supporters at the Capitol, which temporarily paused the vote counting.

U.S. District Judge Tanya Chutkan dismissed the case at the request of Special Counsel Jack Smith after Trump triumphed in the November election.

Additionally, Trump faced indictments in Florida for allegedly keeping national defense documents unlawfully after his presidency ended. During an FBI search of Mar-a-Lago in August 2022, more than 100 classified documents were discovered.

After Judge Cannon dismissed these charges, Smith appealed to the 11th U.S. Circuit Court of Appeals, but subsequently withdrew the appeal following Trump’s election victory.

Co-defendants Nauta and De Oliveira requested that the appeals court return jurisdiction of the case to Cannon, allowing her to address their arguments. Cannon indicated that her decision would remain unless the appeals court ruled otherwise.

(This article has been recently revised to include updated information.)