As RedState reported on Monday evening, President-elect Donald Trump’s co-defendants in the criminal case brought by Special Counsel Jack Smith regarding the alleged improper retention/mishandling of classified documents have sought emergency relief from the courts, asking that Smith/the Department of Justice be prohibited from releasing their “Final Report” on the matter. Waltine Nauta and Carlos de Oliveira requested emergency relief in both the Southern District of Florida and the 11th Circuit Court of Appeals.
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The rationale for the request is that Smith’s appointment has been deemed unconstitutional by the courts, and thus, he lacks the authority to issue such a report.
Is Jack Smith Breaking the Rules? Trump Co-Defendants File Motion to Block Special Counsel Report
Tuesday morning, Judge Aileen Cannon issued a three-page order in the Southern District of Florida enjoining Smith/the DOJ from releasing the report (or any draft thereof) pending the 11th Circuit’s ruling on the matter.
The full order may be viewed below, but here is the key excerpt from it:
To preserve the status quo as this Court awaits resolution by the Eleventh Circuit of the similar Emergency Motion, to prevent irreparable harm arising from the circumstances as described in the current record in this emergency posture, and to permit an orderly and deliberative sequence of events, it is ORDERED AND ADJUDGED as follows:
1. Pending resolution of the Emergency Motion filed in the Eleventh Circuit and/or any further direction from the Eleventh Circuit, Attorney General Garland, the Department of Justice, Special Counsel Smith, all of their officers, agents, and employees, and all persons acting inactive concert or participation with such individuals, see Fed. R. Civ. P. 65(d)(2), TEMPORARILY ENJOINED from (a) releasing, sharing, or transmitting the Final Report or any drafts of such Report outside the Department of Justice, or (b) otherwise releasing, distributing, conveying, or sharing with anyone outside the Department of Justice any information or conclusions in the Final Report or in drafts thereof. This Order remains in effect until three days after resolution by the Eleventh Circuit of the Emergency Motion, unless the Eleventh Circuit orders otherwise.
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Things are moving at a swift pace in regard to these various legal matters, so we can expect a ruling from the 11th Circuit on the matter shortly, as well. RedState will continue to monitor these developments and provide updates as they become available.
DJT – FL – Order Denying Report Release – 1-7-25 – #682 by Susie Moore on Scribd