DOJ moves to dismiss lawsuit seeking full Jack Smith report
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Left: FILE – Special counsel Jack Smith addresses the press regarding an indictment of former President Donald Trump on Aug. 1, 2023, at a Department of Justice office in Washington (AP Photo/J. Scott Applewhite, File). Center: U.S. District Judge Aileen Cannon (U.S. District Court for the Southern District of Florida). Right: Donald Trump speaks to the media before leaving Manhattan criminal court, Monday, May 6, 2024, in New York (AP Photo/Julia Nikhinson, Pool).

On Monday, a First Amendment advocacy nonprofit from Columbia University reminded U.S. District Judge Aileen Cannon that it has been three months since they asked her to lift an injunction preventing the release of special counsel Jack Smith’s entire report on the Mar-a-Lago classified documents investigation and the prior Espionage Act case against President Donald Trump.

The Knight First Amendment Institute has submitted a brief “Notice of Ninety Days Expiring” in Cannon’s court, urging the judge, who was appointed by Trump, to decide on their request to intervene in the case to dismiss the injunction.

The group has said the injunction must be lifted so a separate Freedom of Information Act (FOIA) lawsuit can proceed without roadblocks in pursuit of the secret Volume II of Smith’s report on former defendants Trump, Trump valet Waltine “Walt” Nauta, and Mar-a-Lago property manager Carlos de Oliveira.

“To date, there has not been a ruling on Intervenor’s Motion to Intervene, and 90 days have elapsed since the Intervenor filed its Reply,” the filing says. “Intervenor respectfully notifies the Court that its Motion to Intervene is ripe for adjudication.”

Following what was in her words “careful study,” Cannon invalidated special counsel Jack Smith’s appointment in July 2024 and dismissed Trump’s case. Several months later — and after Trump was inaugurated for a second time — the DOJ swiftly tossed the cases against Nauta and de Oliveira.

Cannon, almost immediately after the change in administrations, then blocked what had been the Biden administration DOJ’s attempt to hand certain members of Congress a copy of Volume II.

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In March, the Trump administration’s DOJ argued that the proposed interventions of the Knight Institute and American Oversight should be rejected and that the injunction should stay in place.

But even if Cannon were “inclined to lift” the injunction, she shouldn’t release the full version of Smith’s report because that is ultimately up to U.S. Attorney General Pam Bondi, said the government.

“The United States respectfully submits that the Court should deny the motions to intervene filed by American Oversight and Knight Institute in this closed criminal case. First, neither American Oversight nor Knight Institute has shown that this case fits within the narrow class of circumstances in which courts have previously allowed third parties to intervene in criminal cases,” the DOJ asserted. “This Court should not expand that class.”

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