On Friday, the Justice Department took quick action by filing an emergency request for the release of special counsel Jack Smith’s report regarding Donald Trump’s alleged attempts to reverse the outcome of the 2020 election. This request comes just before Trump is expected to return to the presidency.

This action follows a decision by a federal appeals court in Atlanta on Thursday that allowed for the potential release of Smith’s report. However, the court maintained an injunction, meaning the report wouldn’t be public until at least Sunday. The Justice Department criticized U.S. District Judge Aileen Cannon for blocking the report, deeming her ruling to be “clearly incorrect.”

Cannon specified that if her ruling was reversed, the report could be released three days later, potentially making it available as early as Sunday. However, the Justice Department’s Friday request urged the 11th Circuit U.S. Court of Appeals to permit the immediate publication of the report.

Trump still has the option to appeal to the Supreme Court, a step that could postpone the report’s release even further as Inauguration Day approaches on January 20. He has criticized the report as “fake” and called the entire investigation a “witch hunt.” Notably, a number of his current and former legal team members are among Trump’s nominees for leading the Justice Department.

Earlier this week, Attorney General Merrick Garland informed Congress that the Justice Department plans to release the first part of Smith’s investigation about Trump’s alleged attempts to undermine the 2020 election, but emphasized that this would only occur “when authorized by the court.”

A subsequent report concerning Trump’s alleged mishandling of classified documents will remain under wraps as long as criminal charges stand against Walt Nauta and Carlos De Oliveira, Trump’s personal aide and the manager of his Mar-a-Lago estate, as stated by government lawyers. Cannon previously blocked the release of this report due to concerns that it could impact Nauta and De Oliveira’s ongoing criminal cases.

Garland Advises Congress About Smith’s Report Release Plans

Trump’s election win in November invalidated the two federal charges against him, as sitting presidents cannot face prosecution per the Justice Department’s established policy. However, Garland stated to Congress that sharing the first part of the investigation is lawful and serves “the public interest.”

Should it be made public, the report would disclose the evidence that prompted the Justice Department to accuse Trump of election interference and the mishandling of classified materials.

In a letter addressed to Garland, Trump’s legal team claimed that the dropped charges constituted a “full acquittal” of the president-elect. They described the potential release of Smith’s report as “rash and illegal,” asserting it would “reinforce false and discredited claims.”

Trump faces allegations regarding his attempts to reverse the 2020 election based on false voter fraud allegations. He has also been charged with obstructing Congress in his efforts to prevent the certification of Joe Biden’s victory, particularly during the insurrection at the U.S. Capitol on January 6, 2021. In November, a federal judge dismissed those charges at the request of Smith after Trump secured a second presidential victory.