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'Inconsistent with the fair trial rights'
Special counsel Jack Smith resigns from DOJ — takes one final swipe at Trump
Special counsel Jack Smith resigned from the Department of Justice on January 10, according to court documents.
Smith, who was expected to submit his resignation before Inauguration Day, led two prosecutions against President-elect Donald Trump, neither of which made it to trial. One federal case accused Trump of attempting to overturn the 2020 presidential election and the other accused him of mishandling classified documents. Trump pleaded not guilty to all charges.
'Why would Deranged Jack Smith be allowed to issue a "report" on a complete and total Witch Hunt against me.'
While both cases against the president-elect were ultimately dropped, Trump’s former co-defendants in the classified documents case, longtime aide Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira, remain ongoing.
On his way out the door, Smith took one final swipe at Trump, submitting a two-volume report to Attorney General Merrick Garland detailing his investigations into the president-elect.
Attorneys for Nauta and De Oliveira filed an emergency motion with a United States appeals court to block the DOJ from publicly releasing the report; however, their bid was rejected on Thursday.
The DOJ has stated that it plans to release the first volume of the report, which relates to the alleged election interference case. The second volume, which covers the classified documents investigation, would be made available only to the House and Senate Judiciary Committees at this time, the DOJ said.
Mark Freeman of the DOJ’s Civil Division wrote that Garland would not publicly release the second volume “to avoid any risk of prejudice to defendants Nauta and De Oliveira” while their proceedings remain ongoing.
“This limited disclosure will further the public interest in keeping congressional leadership apprised of a significant matter within the Department while safeguarding defendants’ interests,” Freeman said.
Trump addressed the DOJ’s plan to release the report.
He wrote in a post on Truth Social, “Why would Deranged Jack Smith be allowed to issue a ‘report’ on a complete and total Witch Hunt against me, strictly for political purposes, when he was thrown off the case and ultimately dismissed by the DOJ. Therefore, to put it nicely, he was illegitimately involved in this political persecution, and all of the hundreds of millions of dollars spent by our hapless government were, simply put, wasted! He has already [filed] thousands of rejected statements and documents against me, which were a ‘joke,’ and the public just voted for me, in a landslide, to be their President!”
South Florida U.S. District Judge Aileen Cannon temporarily blocked the DOJ from disclosing the report. Her order expires on Monday evening. Nauta and De Oliveira have asked for an extension of the injunction, but Cannon has not yet ruled on their request as of Monday morning.
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Garland Seeks To Trample Americans’ Due Process Rights To Get Trump
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Judge stalls release of Jack Smith's report on federal cases against Trump
United States District Court Judge Aileen Cannon issued an order Tuesday temporarily blocking the release of special counsel Jack Smith's report on the two now-dismissed federal cases against President-elect Donald Trump.
Cannon previously oversaw one of the cases against Trump, which accused him of mishandling classified documents. In the summer, Cannon dismissed the indictment against the president-elect, ruling that Smith was unconstitutionally appointed to the special counsel position.
'TEMPORARILY ENJOINED.'
However, Cannon's dismissal did not apply to Trump's co-defendants, longtime aide Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira, who each face several criminal charges. The Biden administration's Department of Justice has continued to pursue the case against Nauta and De Oliveira.
Smith has called Cannon's ruling to dismiss the case against Trump over his appointment a "flawed analysis."
He claimed, "The Supreme Court held more than 50 years ago that Congress vested the Attorney General with the power to appoint special prosecutors like the Special Counsel."
In a previous court filing, he noted that the indictments against Nauta and De Oliveira would proceed because "no principle of temporary immunity applies to them."
Prosecutors stated that Smith's two-volume report could be released as early as Friday, awaiting Attorney General Merrick Garland's decision.
Smith's report details his investigation into Trump's alleged mishandling of classified documents and alleged attempt to overturn the 2020 presidential election. Trump pleaded not guilty to all charges, and both cases against him were dismissed.
Attorneys for Nauta and De Oliveira previously filed a motion to stop the release of the special counsel's report. Their attorneys also filed a similar emergency motion with the appeals court.
Cannon's decision prevents the report's release until three days after the appeals court rules on the issue.
"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 in active concert or participation with such individuals ... are TEMPORARILY ENJOINED from ... releasing, distributing, conveying, or sharing with anyone outside the Department of Justice any information or conclusions in the Final Report or in drafts thereof," Cannon wrote.
Smith's investigations into Trump and his allies have reportedly cost taxpayers at least $50 million. Trump has pledged to fire Smith "within two seconds" of retaking office if he does not retire before then.
In November, a spokesperson for the special counsel's office told the New York Post that its duties and ongoing matters can be transferred to "other components of the Department of Justice and the FBI."
The DOJ and the special counsel's office declined to comment, CBS News reported.
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Judge In Docs Case Temporarily Blocks Jack Smith From Releasing Trump Report
Cannon previously found that Smith’s appointment was unconstitutional
Court Of Appeals Ends Trump’s Legal Battle Over Classified Documents In Florida
The ruling dismisses charges related to Trump's possession of classified documents after his presidency
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