As Smith Resigns, DOJ Files for Release of His Trump Report

Emergency motion seeks overturning of Aileen Cannon's ruling
By Bob Cronin,  Newser Staff
Posted Jan 11, 2025 4:10 PM CST
Jack Smith Resigns as DOJ Files for His Reports' Release
Special counsel Jack Smith addresses reporters in August 2023 at the Department of Justice in Washington.   (AP Photo/J. Scott Applewhite, File)

In an emergency motion, the Justice Department has asked for the prompt release of special counsel Jack Smith's report on his criminal investigations of President-elect Trump, calling Judge Aileen Cannon's ruling that blocked it "plainly erroneous." A footnote to the filing, made late Friday in the 11th Circuit US Court of Appeals in Atlanta, revealed that Smith had resigned from his office the same day, Politico reports. Smith had said he'd leave before Trump, whom he investigated for his handling of classified documents after leaving office and for potential interference in the 2020 election, takes office. Trump has denied all accusations and said he'd fire Smith on Jan. 20.

Cannon's decision said that if the appeals court disagreed with her, as it did Thursday, the report could come out three days later, per USA Today. The Justice Department asked that it instead be released immediately. Trump could appeal the ruling to release Smith's findings to the Supreme Court, pushing the final decision closer to Inauguration Day. The president-elect has chosen several members of his legal team for positions in the Justice Department in his new administration. (More Jack Smith stories.)

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