Trump seeks to block release of special counsel report

 

Donald Trump's legal team has requested that the Department of Justice (DoJ) withhold the release of a special counsel's report detailing investigations into the president-elect. Special Counsel Jack Smith oversaw two major probes into Trump: one concerning alleged efforts to overturn the 2020 election results, and the other focused on his mishandling of classified documents. While both cases were closed, Smith's report was set to be released soon.

In a letter to Attorney General Merrick Garland, Trump's lawyers have called for an end to what they describe as the "weaponization of the justice system" and demanded that the report be handed to them. The letter argues that Smith lacked the legal authority to submit the report, claiming he was unconstitutionally appointed and politically motivated. Smith has not yet publicly responded.

Trump's legal team received a draft of the report over the weekend. Although the investigations led to criminal charges against Trump, both cases were dismissed, partly due to a longstanding DoJ policy against prosecuting a sitting president. Trump denied all wrongdoing and pleaded not guilty. Federal regulations mandate that any special counsel investigation must conclude with a report to the justice department, and Garland had previously indicated that he would release all such reports.

During his time outside the White House, Trump faced numerous legal challenges, many of which were delayed or thwarted by his legal team and allies. Critics of the Biden administration argued that cases against Trump were brought too slowly, while Trump's supporters claimed the prosecutions were politically motivated.

One of Smith's cases focused on Trump's efforts to overturn the 2020 election, which he lost to Joe Biden. Trump pleaded not guilty, and the case became mired in legal uncertainty after the Supreme Court ruled that Trump had partial immunity from prosecution for actions taken during his presidency. Smith later refiled the case but eventually dropped it after Trump won the 2024 election. The second case involved Trump’s handling of classified documents after leaving office, a charge he also denied. This case faced a setback when a Trump-appointed judge dismissed the charges, stating that Smith's appointment was improper. Smith appealed, but later dropped the appeal.

The DoJ's policy prevents criminal prosecution of a sitting president, and Smith clarified that this protection extends to a president who had previously been a private citizen. The Trump campaign celebrated this as a "major victory for the rule of law."

Smith is expected to step down before Trump's inauguration on January 20, after Trump had threatened to fire him. Despite recent legal successes, Trump still faces sentencing in New York on January 12, following his conviction on 34 felony counts of falsifying business records to cover payments to a porn star. A judge recently denied a request to delay the sentencing, though he has ruled out a custodial sentence