President-elect Donald Trump and his former co-defendants in the Florida classified documents case launched an effort Monday to block the release of a final report by special counsel Jack Smith that also addresses the election interference case.
Both cases against Trump have been dismissed.
Lawyers for defendants Walt Nauta and Carlos De Oliveira filed a motion Monday night asking U.S. District Judge Aileen Cannon to block Smith, who prosecuted the case, from issuing his report. They cited the judge’s previous ruling that Smith’s appointment was unconstitutional.
“The Final Report promises to be a one-sided, slanted report, relying nearly exclusively on evidence presented to a grand jury and subject to all requisite protections—and which is known to Smith only as a result of his unconstitutional appointment—in order to serve a singular purpose: convincing the public that everyone Smith charged is guilty of the crimes charged,” the four lawyers wrote.
The Justice Department charged Trump in Florida with mishandling classified documents after he left office. Cannon dismissed the case in July, saying Smith’s appointment was illegal. An appeals court later dismissed the case against Trump.
Federal prosecutors are still appealing Cannon’s dismissal of the charges against Nauta and De Oliveira.
Defense lawyers on Monday asked Cannon to hold a hearing and rule on their motion by Friday, saying they believe the release of the report is “imminent.”
Trump’s lawyers, meanwhile, sent a letter to Attorney General Merrick Garland urging him to stop Smith from releasing the report. In the letter, Trump’s lawyers called Smith an “out-of-control private citizen unconstitutionally posing as a prosecutor” aiming to politically harm Trump.
“Accordingly, 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,” they wrote.
Trump’s lawyers said they reviewed a two-volume draft copy of Smith’s report at the special counsel’s office in Washington, D.C. over the weekend.
The special counsel’s office is required under Justice Department regulations to provide a confidential report to Garland, who can choose to make it public.
This is a developing story. Please check back for updates.
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