Cannon temporarily blocks Trump special counsel report’s release

U.S. District Court Judge Aileen Cannon temporarily blocked the Justice Department from releasing special counsel Jack Smith’s report on President-elect Trump’s two prosecutions, granting a request from his legal team.

The ruling from Cannon comes after Trump’s two co-defendants in the Mar-a-Lago documents case asked her to bar the release of both sections of Smith’s report, including that dealing with Trump’s election interference case.

It’s not clear the extent of Cannon’s purview over the case, as a prior ruling from her tossing the case has been appealed to the 11th Circuit Court of Appeals. That court has ordered a response by 10 a.m. on Wednesday.

Cannon said her ruling blocking any transmittance of the report would remain in effect until three days after any appeals court ruling “unless the 11th Circuit rules otherwise.”

The Florida-based federal judge said the ruling would “preserve the status quo” and “prevent irreparable harm.”

The ruling appears to apply to both cases that would be covered by Smith’s report, even though Cannon only oversaw the documents case.

Cannon made the decision despite an earlier notice from Smith’s team saying they would respond to the substance of Trump’s request by 7 p.m. on Tuesday.

Smith’s office declined to comment.

Attorneys for Trump’s two co-defendants appeared to acknowledge potential issues with Cannon weighing in on a matter no longer before her — asking the 11th Circuit to “order a limited remand” of the case back to Cannon. It’s an unusual request that asks a higher court to cede to a lower court judge.

There has been a flurry of action in the case ignited late Monday when Trump’s Mar-a-Lago co-defendants, valet Walt Nauta and property manager Carlos de Oliveira, asked Cannon to bar the report’s release. They have since filed a similar motion before the 11th Circuit. 

Attached to the initial filings is a letter from Trump’s legal team to Attorney General Merrick Garland asking him to fire Smith and leave the decision of whether to release the report to a Trump-appointed attorney general. Garland, not Smith, determines whether the report should be publicly released.

Smith has worked to wind down both prosecutions after Trump was reelected, and special counsel regulations dictate appointees close their work with a final report. Trump’s attorneys’ letter to Garland describes it as a two-volume report, one covering each case.

While Smith moved to dismiss the Mar-a-Lago case for Trump citing Justice Department policy barring prosecution of a sitting president, it is continuing to litigate the matter with respect to Nauta and de Oliveira.

Cannon last year tossed the entirety of the case with respect to all three men, finding that Smith was unlawfully appointed — something prosecutors say flies in the face of 50 years of precedent regarding special counsel regulations. The Justice Department has appealed that ruling, handing the case off to federal prosecutors in Florida.

The 11th Circuit for months has weighed that appeal, and any reversal of Cannon would reignite the case.

The appeals court has previously reversed Cannon’s rulings, including one appointing a special master to review the documents collected from Trump’s home for materials potentially protected by executive privilege, blocking their release to investigators.

She’s repeatedly come under fire for her handling of Trump’s case, ruling in favor of the president on various motions legal observers described as long-shot bids.

The New York Times reported last year that two other judges sought to persuade her to hand off the Mar-a-Lago case given that her handling of the matter before charges were brought had generated significant scrutiny.

Updated at 4:15 p.m. EST