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The never-ending legal saga of former President Donald J. Trump continued on Thursday. The U.S. Court of Appeals for the 11th Circuit ruled on an emergency bid to unseal Special Counsel Jack Smith's report detailing findings from two probes involving Trump. Here are some key points behind this major development:
1. Appeals Court Says No to Emergency Request from Trump
The Atlanta-based 11th Circuit court denied a request to stay the Justice Department's attempt to unseal the report written by Jack Smith. The ruling, however, does not mean the report will be immediately released to the public because a lower court's injunction against releasing it remains in place.
2. Two-Volume Report Still Under Legal Scrutiny
The Jack Smith report is presented in two volumes:
- One volume pertains to Trump's alleged mishandling of classified documents after he left office.
- The other outlines the case against Trump accusing him of attempting to reverse the 2020 election.
Whereas the Department of Justice has delayed releasing the classified documents volume, it is in a hurry to release the election interference volume.
3. Lower-Court Injunction Is Temporary
Presiding over the classified documents case, Judge Aileen M. Cannon had granted a temporary injunction against releasing either volume. The temporary injunction will lapse in three days, which allows Attorney General Merrick B. Garland to go ahead and release the election-related volume.
4. Trump's Legal Team May Appeal to the Supreme Court
While the injunction in the lower court is temporary, Trump's lawyers could escalate the fight by asking the Supreme Court to intervene, which would potentially delay the release of the report even more.
5. Justice Department Policy Temporarily Shields Trump
Special Counsel Jack Smith was forced to dismiss both criminal cases after Trump's victory in the 2024 election, citing a Justice Department policy of temporary immunity for sitting presidents from prosecution. That fact dramatically changes the broader implications of the report.
Final Thoughts
The fight over the release of Jack Smith's report is the latest example of how labyrinthine proceedings against a former president can get. With the injunction about to expire, the attention will be on the Justice Department, Trump's legal team, and perhaps even the Supreme Court.
Watch for further developments on this story as it continues to unfold.