Attorney General Merrick Garland has maneuvered President-elect Donald Trump into a precarious legal position, creating what one legal expert described as "horns of a dilemma."
The Justice Department told a federal appeals court on Wednesday that Garland intends to release the full volume of special counsel Jack Smith's report related to Trump's attempts to overturn the 2020 presidential election. However, Garland does not plan to publicly release the part of Smith's report regarding the investigation into Trump's alleged mishandling of classified documents, as the case is still pending.
Newsweek reached out to Trump's transition team via email for comment.
Why It Matters
Trump will be inaugurated on January 20, ending any chance for at least four years of putting him on trial for his alleged unlawful interference in the 2020 presidential election and for allegedly hiding classified documents at his Mar-a-Lago estate in Florida—allegations he denies.
Under DOJ rules, all prosecutors must issue a report on any attempted prosecution, successful or not. Smith's report on the two federal cases against Trump could offer valuable insights into the evidence against Trump. It is now especially relevant as that evidence may never emerge in court.
What To Know
While the classified documents part of the report will not be released to the public at the moment, it will be made available to certain members of Congress charged with judicial oversight and kept private while the case is ongoing, the DOJ said in a filing with an Atlanta-based federal appeals court.
"That puts the new Trump administration on the horns of a dilemma," former U.S. Attorney Joyce Vance wrote Wednesday on Substack.
If the case proceeds, the report remains behind closed doors, but evidence would emerge during trials or plea agreements. Alternatively, if Trump were to pardon the defendants or dismiss the prosecution, Congress would no longer need to keep the report secret, and its details could be made public.
Trump has previously sought to block the release of Smith's report, arguing that it would violate Trump's presidential "immunity" as issued by the Supreme Court.
In a letter released Monday, Trump's attorneys attempted to block the report, asking Garland to remove Smith from his post and either decline to release the report or hand over the matter to Trump's incoming administration.
"Because Smith has proposed an unlawful course of action, you must countermand his plan and remove him promptly. If Smith is not removed, then the handling of his report should be deferred to President Trump's incoming attorney general, consistent with the expressed will of the People," Trump's attorneys wrote. They also said they would seek legal recourse should Garland deny their requests.
On Tuesday, U.S. District Judge Aileen Cannon, who oversaw the classified documents case, temporarily blocked the department from releasing the report.
What People Are Saying
Former U.S. Attorney Joyce Vance, on Substack: "The Government told the court that its plan is to release the entire volume of the report that is related to the January 6 prosecution in Washington, D.C., but they do not plan to publicly release the volume about the classified documents because that case is still pending. They will, however, share a redacted version of that part of the report with House and Senate Judiciary Committee leaders, who must promise to keep it secret until the case concludes.
"That puts the new Trump administration on the horns of a dilemma: Let that case proceed, and the report stays behind the scenes (although the evidence would come out at trial or during guilty plea hearings). Or pardon the defendants or dismiss the prosecution, and Democrats in Congress no longer need to keep the report confidential."
What Happens Next
With two weeks until the inauguration, Trump is still fighting to prevent the final evidence in his criminal cases from being published.
Meanwhile, Trump is still to be sentenced in his hush money case. Judge Juan Merchan, overseeing the case in New York, set his sentencing hearing for Friday. He indicated, however, that the president-elect would be sentenced to a conditional discharge—when a case is closed without jail time, a fine or probation.
If the sentencing is not finalized before his second term begins on January 20, it could be postponed until 2029.
In May 2024, a New York jury found Trump guilty on 34 counts of falsifying business records related to hush money paid to former adult film actor Stormy Daniels before his first presidential election in 2016. Daniels alleges she had a sexual encounter with Trump in 2006, which he denies.
A separate Georgia election interference case is currently in limbo after an appeals court disqualified Fulton County District Attorney Fani Willis from prosecuting the case.
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