Trump's lawyers have reviewed a draft of special counsel Jack Smith's report and threaten legal action if the Justice Department releases it. Former co-defendants argue that Smith lacks authority to release the report due to a previous court ruling deeming his appointment unlawful.
Lawyers for Donald Trump have reviewed a draft of special counsel Jack Smith ’s final report related to federal investigations into the president-elect and are threatening legal action if the Justice Department moves to release it, according to a letter included in court filings from Trump’s former co-defendants Monday night.
In the filings, Walt Nauta and Carlos De Oliveira ask Judge Aileen Cannon to block the release of the special counsel report, which was expected in the coming days before Trump is sworn in as president for the second time. The two men, who both worked for Trump and have pleaded not guilty to obstruction related crimes, argued in the filings that Smith does not have the authority to release the report because Cannon previously deemed his appointment as special counsel unlawful. The filings included the letter from Trump’s attorneys to Attorney General Merrick Garland making similar arguments and stating that they were allowed “to review the two-volume Draft Report in a conference room at Smith’s office between January 3 and January 6, 2025.” The attorneys, two of whom have been selected by Trump for top Justice Department roles in the new administration, asked for advance notice of the report’s release so that they can “take appropriate legal action.” The defense lawyers made similar arguments in filings submitted Tuesday morning to the 11th US Circuit Court of Appeals, which is currently considering the Justice Department’s appeal of Cannon’s ruling finding Smith’s appointment to be unconstitutional. In the court filings, the defense lawyers said that the government allowed them “limited-access” review of the draft over the weekend and that it “revealed a one-sided narrative arguing that the Defendants committed the crimes charged in this case.” Garland has told Congress he plans to provide lawmakers with the report, allowing for redactions required under Justice Department polic
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