Judge Aileen Cannon’s latest order has thrown yet another wrench into the saga surrounding Special Counsel Jack Smith’s investigation into classified documents tied to President-elect Trump. On Tuesday, Cannon issued a temporary injunction halting the release of Smith’s report, citing concerns over potential “irreparable harm” and the need for deliberation pending a decision from the 11th Circuit Court of Appeals. This move delays any publication of the report until at least three days after the appellate court rules on related matters.
The immediate trigger for Cannon’s decision came from an emergency motion filed by Trump co-defendants Waltine Nauta and Carlos De Oliveira. The two argued that releasing the report would violate a prior ruling that deemed Smith’s appointment unconstitutional. The motion also raised concerns about the potential damage to their reputations and legal standing. Cannon agreed, emphasizing the importance of maintaining the status quo while the appeals court reviews these claims.
In her written order, Cannon directed Attorney General Merrick Garland, the Department of Justice (DOJ), and Smith to refrain from sharing any drafts or findings from the report outside the DOJ. She stated that the temporary injunction was necessary to “prevent irreparable harm” and ensure “an orderly and deliberative sequence of events.” However, she clarified that the order should not be interpreted as a final decision on the merits of the motion.
The classified documents case has been one of the defining legal battles of Trump’s post-presidency, and its entanglements seem far from over. The controversy began when the National Archives and Records Administration (NARA) flagged the absence of critical documents Trump took to his Mar-a-Lago estate after leaving the White House. The DOJ launched an investigation, culminating in a high-profile FBI raid in August 2022 that seized thousands of government documents, including classified materials.
Smith, appointed as special counsel to oversee the investigation, led to Trump’s federal indictment in June 2023, charging him with 37 counts ranging from willful retention of national defense information to obstruction of justice. Nauta and De Oliveira were also charged. But Cannon’s July 2024 dismissal of the case, citing constitutional concerns about Smith’s appointment, marked a significant setback for the DOJ.
Now, with Trump preparing to assume office again, the DOJ has effectively shelved its efforts against him, adhering to its long-standing policy not to prosecute sitting presidents. Cannon’s latest ruling ensures the drama surrounding Smith’s report remains in limbo, underscoring the politically charged nature of these legal battles.