Mar-a-Lago Doc Case: Dismissed Awaiting S/C Smith's Report to AG Garland

Trump and defendants Carlos De Oliveira & Walt Nauta 

Major story from USA TODAY with this ongoing battle over the Mar-a-Lago classified documents case with this headline:

“Trump seeks to prevent release of Jack Smith's special counsel report”

WASHINGTON – Trump and his two co-defendants, Walt Nauta and Carlos De Oliveira, are trying to block DOJ’s special counsel Jack Smith from releasing a report before Inauguration Day about his investigation that led to criminal charges that have now been dismissed.

The report is expected to provide the fullest description yet about the investigation that led to two federal indictments against Trump, one for allegedly conspiring to overturn the 2020 election and the other for allegedly mishandling 100's of classified documents after leaving the White House.

A public release of the potential bombshell report could come within days. But a court battle over whether to release the report will play out over the remaining two weeks before Trump returns to the White House on January 20.

Judges dismissed both cases at Smith’s request under longstanding DOJ policy against prosecuting sitting presidents. Neither case could be concluded before Trump starts his second term as president.

But special counsels typically write reports explaining their investigations and the decisions about whether to bring charges. Special counsel Robert Mueller’s report released in April 2019 about the investigation into Russian interference caused another firestorm because of his decision not to even consider charges against Trump as a sitting president.

Smith acknowledged in a court filing Monday that he has prepared a two-volume report, one for each of Trump’s two federal indictments. The report is being “finalized” and AG General Merrick Garland would not release the report before Friday at 10 a.m., and  Smith wrote he could transmit the report to Garland after 1 p.m. Tuesday. 

Trump meanwhile asked Garland on Monday to halt Smith’s preparation and release of the report.

Trump's two co-defendants in the classified-documents case asked the same of U.S. District Judge Aileen Cannon and sought a public hearing to debate the issues. 

Smith said he would reply formally to the request by 7 p.m. Tuesday. Nauta and De Oliveira, who were staffers at Trump’s home at Mar-a-Lago, where they were charged with conspiring to hide the classified records, argued they could still face charges after Trump’s dismissal of the case.

Nauta and De Oliveira argued that Smith’s report: “Promises to be a one-sided, slanted report that has a single purpose: convincing the public that everyone Smith charged is guilty of the crimes charged.”

In a letter to Garland, Trump’s lawyers argued that the dismissal of the cases represented: “Trump’s complete exoneration, but that Smith’s report would perpetuate false and discredited accusations. The release of the report would be both imprudent and unlawful.” 

AG Garland declined to comment.

Former Rep. Liz Cheney (R-WY) who helped lead the congressional investigation of the Capitol attack on January 6, 2021, said: “Garland has a duty to release the report and “prevent its evidence from being destroyed.” Smith's team obtained testimony and evidence from Trump's advisers including former VP Mike Pence, and Cheney wrote on X: “The truth must prevail.” 

Trump was indicted in federal court in Washington on charges he conspired to overturn the 2020 election with baseless claims of widespread fraud.

He was also charged with obstructing Congress form counting Electoral College votes on January 6, 2021, when a riot of his supporters at the Capitol temporarily halted the count.

Judge Tanya Chutkan dismissed the case at Smith’s request after Trump won the November election.

Trump was also indicted in Florida on charges he unlawfully retained national defense documents after leaving the White House at the end of his first administration. FBI agents found more than 100 classified documents during a search of Mar-a-Lago in August 2022.

Cannon dismissed the charges by ruling that Smith was appointed and funded illegitimately, despite special counsel regulations being upheld in previous cases. 

Smith appealed to the 11^th U.S. Circuit Court of Appeals but the court dismissed the appeal at his request after Trump’s election. 

Nauta and De Oliveira asked the appeals court to return jurisdiction over the case to Cannon so she can hear their arguments.

My 2 Cents: The worse possible outcome of the classified docs case against Trump and his two charged Mar-a-Lago co-defendants, Walt Nauta and Carlos De Oliveira is a crying shame against equal justice for all and still is a threat to national security.

For example what leverage remains with any missing docs that Trump holds for various reasons (e.g., favors, threats, blackmail, etc.) over those nations mentioned in the docs – at least in my professional view. 

We shall see later as developments in fact are uncovered and developed. I'm sure they will be forthcoming over time.

All in all this was an awful decision and remains harmful to the nation.

Thanks for stopping by.