Judge blocks release of special prosecutor's report on Trump criminal cases

The federal judge who oversaw the classified documents case against President-elect Donald Trump issued an order Tuesday temporarily blocking the release of special counsel Jack Smith's report on his investigation.

The injunction lasts until three days after November 11. The Circuit Court of Appeals rules on a pending request to block the release of the report on a separate case involving Trump co-defendants Walt Nauta and Carlos De Oliveira.

Lawyers for Nauta and De Oliveira filed a motion Monday evening asking U.S. District Judge Aileen Cannon to block the report, citing the judge's previous ruling that Smith's appointment was unconstitutional.

Judge Aileen Cannon and Donald Trump.USDC for the Southern District of Florida; AP file

Cannon, who was appointed to the bench by Trump, said she was acting “to preserve the status quo” until the higher court rules on the issue.

His decision states that Attorney General Merrick “Garland, the Department of Justice, Special Counsel Smith, all of their officers, agents and employees, and all persons acting in concert or in active participation with such persons, are TEMPORARILY PROHIBITED from (a) release, share or transmit the final report or any draft of such a report outside the Department of Justice, or (b) otherwise disclose, distribute, transmit or share with any person outside the Department of Justice any information or conclusion contained in the final report or in drafts thereof.”

She said the order would remain in effect for three days after the appeals court resolves the issue “unless the Eleventh Circuit rules otherwise.”

Nauta and De Oliveira filed a separate motion asking the 11th Circuit to block the report Tuesday morning.

They say disclosing details about their alleged efforts to obstruct justice on Trump's behalf in the documents case could jeopardize their right to a fair trial.

The court gave the Justice Department until Wednesday morning to respond.

Nauta and De Oliveira submitted another filing later in the day, asking the court to send the case back to Cannon and let her “conduct all appropriate procedures and rule on the request for an injunction.”

The judge has a history of ruling in favor of Trump; Last year, she dismissed criminal charges against Trump and his two co-defendants, ruling that Smith's appointment was illegal. Smith's office appealed his decision, but dropped its appeal against Trump's firing after his election victory, citing a Justice Department legal memo that said the DOJ cannot prosecute a sitting president.

Although they are no longer charged in the case, Trump's lawyers filed a motion with Cannon on Tuesday asking him to intervene.

“As a former and future President, particularly familiar with the pernicious consequences of the lawsuits perpetrated by Smith, his office, and other members of the DOJ, President Trump should be allowed to participate in these proceedings,” his filing states.

He asked him to “immediately direct Smith and his office not to forward any aspect of the report to the Attorney General until the emergency motion is resolved.”

In a court filing, Smith said he plans to send his two-volume report to Garland on Tuesday.

Garland has not yet determined how to deal with the volume of the report relating to this case, which the parties were discussing at the time the defendants filed the motion, but the department can commit that the Attorney General will not release this volume to the public, if he does so at all, before 10 a.m. Friday, the filing says.

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