FORT PIERCE — The federal judge who dismissed all 40 felony charges against Donald Trump is poised to decide whether to prevent Attorney General Merrick Garland from sharing Special Counsel Jack Smith’s report on the classified documents case with select members of Congress.
Garland released the first volume of Smith’s report detailing Trump’s alleged efforts to overturn the results of the 2020 election this week. He agreed to withhold the second volume — related to Trump’s handling of classified documents — while the case makes its way through the 11th Circuit Court of Appeals.
With less than one week left in office, he proposed letting the chairmen and ranking members of the House and Senate Judiciary Committees see it.
Attorneys for Trump’s codefendants, Waltine Nauta and Carlos De Oliveira, appeared before U.S. District Judge Aileen Cannon on Friday and urged her to prevent its disclosure, no matter how limited. They argued that the report’s premature release could jeopardize their right to a fair trial if the criminal charges are revived on appeal.
Department of Justice attorney Elizabeth Shapiro called their argument “speculation upon speculation” and questioned what harm could come of the report’s release. She reminded Cannon that the report is not being considered for release to the public — only to four members of congress, in a room where they may not have electronics or leave with notes.
Each must agree to keep the report’s findings confidential while the case remains open, she said.
‘Calm down’: Classified documents hearing sees strained exchange between judge, prosecutor
Cannon pressed Shapiro to explain why Garland is intent on sharing the report now, with the appeal still ongoing.
“Why is there such urgency?” she asked. “At the end of the day, what’s the upside to doing this now?”
Because the attorney general’s time is limited, Shapiro said. Cannon repeated the question several times throughout Friday’s hearing, but Shapiro offered little else, alluding only to the commitments Garland made and his desire to see them through.
Nauta’s attorney, Stanley Woodward, suggested that the report’s timing is politically driven, aimed at tarnishing the men’s reputations as one of Garland’s last official acts as attorney general.
Cannon, who Trump appointed to the bench in 2020, did not immediately rule on Nauta and De Oliveira’s request.
Hannah Phillips covers criminal justice at The Palm Beach Post. You can reach her at hphillips@pbpost.com. Help support our journalism and subscribe today.
This article originally appeared on Palm Beach Post: Trump judge to decide fate of Jack Smith’s classified documents report