President-elect Donald Trump and his former co-defendants in the Florida classified documents case launched an effort Monday to block the release of a final report from special counsel Jack Smith that also addresses the election interference case.
Both cases against Trump have been dismissed.
Lawyers for defendants Walt Nauta and Carlos De Oliveira filed a motion Monday night asking U.S. District Judge Aileen Cannon to block Smith, who prosecuted the case, from issuing her report. They cited the judge’s earlier ruling that Smith’s appointment was unconstitutional.
“The Final Report promises to be a one-sided and biased report, based almost exclusively on evidence presented to a grand jury and subject to all necessary protections (and which Smith only knows about as a result of his unconstitutional appointment) in order to have a singular purpose: to convince the public that all of those accused by Smith are guilty of the crimes charged,” the four attorneys wrote.
The Justice Department accused Trump in Florida of mishandling classified documents after he left office. Cannon dismissed the case in July, saying Smith’s appointment was illegal. An appeals court later dismissed the case against Trump.
Federal prosecutors are still appealing Cannon’s dismissal of charges against Nauta and De Oliveira.
Defense attorneys on Monday asked Cannon to hold a hearing and rule on his motion by Friday, saying they believe release of the report is “imminent.”
Meanwhile, Trump’s lawyers sent a letter to Attorney General Merrick Garland urging him to block Smith from releasing the report. In the letter, Trump’s lawyers called Smith an “out-of-control private citizen unconstitutionally posing as a prosecutor” with the goal of politically harming Trump.
“Accordingly, because Smith has proposed an illegal course of action, you must revoke your plan and remove him immediately. “If Smith is not removed, then handling of his report should be deferred to President Trump’s incoming attorney general, in accordance with the expressed will of the People,” they wrote.
Trump’s lawyers said they reviewed a two-volume draft of Smith’s report at the special counsel’s office in Washington, D.C. over the weekend.
Justice Department regulations require the special counsel’s office to provide a confidential report to Garland, who can choose to make it public.
This is a development history. Please check back for updates.