A federal appeals court Thursday evening rejected Trump’s effort to block Jack Smith’s final report from being released.
On Tuesday Judge Aileen Cannon temporarily blocked Jack Smith’s report on his lawfare investigation into President Trump.
Judge Cannon previously dismissed the classified documents case against Trump.
US Attorney General Merrick Garland previously said he would release Jack Smith’s final report on Trump.
Judge Cannon’s temporary injunction lasts until three days after a federal appeals court issues a ruling on a pending motion to block Jack Smith’s report in a case involving other defendants in the classified documents case.
This means Cannon’s temporary injunction expires on Sunday.
The 11th Circuit Court of Appeals did not overturn Cannon’s injunction. The Court ruled that Biden’s DOJ can file an appeal if they want to release the lawfare report before Sunday.
President Trump’s lawyers in a court filing on Wednesday argued the release of Jack Smith’s report would disrupt his transition to the White House.
“The report is nothing less than another attempted political hit job whose sole purpose is to disrupt the presidential transition and undermine President Trump’s exercise of executive power,” Trump’s lawyers wrote in an amicus brief, according to ABC News.
“The Final Report goes into more detail about the alleged crimes President Trump and others supposedly committed and involves evidence that was never released to the public–indeed, evidence that could not be released, such as those involving official acts,” the filing said, the outlet reported.
ABC News reported:
A panel of judges on the Eleventh Circuit Court of Appeals, in a ruling Thursday night, denied an effort to block the release of special counsel Jack Smith’s final report on his two investigations into Donald Trump.
U.S. Judge Aileen Cannon, who dismissed Trump’s classified documents case, temporarily blocked the report’s release on Tuesday, while the matter was considered by the Eleventh Circuit.
The Eleventh Circuit, in its decision, declined to immediately overturn Judge Cannon’s temporary injunction, instead ruling that the Justice Department can file a separate appeal if they want to release the report earlier than this Sunday, when Cannon’s injunction expires.
The Justice Department subsequently notified Judge Cannon of their intent to appeal her injunction blocking the report’s release, according to a court filing.
Attorney General Merrick Garland, in a letter to Congress informing them Wednesday that Smith had concluded his investigations, acknowledged that he was, at that time, barred by Judge Cannon from releasing the report outside of the Justice Department, but that he intended to make Volume One of the report, regarding Trump’s efforts to subvert the 2020 election, available to the public once he is “permitted to do so” by the courts.
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