Federal judge blocks release of second volume of special counsel report to Judiciary Committee leaders

A federal judge on Tuesday blocked the release of the second volume of former Special Counsel Jack Smith’s report on his investigation into President Trump.

Judge Aileen Cannon had allowed the first volume to be released to a small group within Congress. The first volume relates to Smith’s investigation into alleged election interference by Trump, while the second relates to the classified documents investigation.

‘Release of Volume II to Congress under the proposed conditions—without any enforcement mechanism to prevent public dissemination, and without any valid countervailing reason justifying a break from traditional norms—presents a substantial and unacceptable risk of prejudice to Defendants,’ Cannon wrote.

Trump co-defendants Waltine Nauta and Carlos De Oliveira had filed motions to block the release of both volumes of Smith’s report. Cannon ruled against that motion for the first volume last week.

It is customary for special counsels to release a final report, detailing the findings of their investigation and explaining any prosecution or declination decisions they reached.

In Smith’s case, the prosecution decision is immaterial, given Trump’s status as president and long-standing Justice Department policy against bringing criminal charges against a sitting president.

Trump has blasted Smith’s work as a ‘fake report.’

Trump has blasted Smith’s work as a ‘fake report.’

Read Judge Cannon’s full ruling below

Attorney General Merrick Garland has opted to release the reports from two other special counsels whose investigations concluded during his tenure – publishing both the summary reports submitted by John Durham, who was tapped by then-Attorney General Bill Barr in 2019 to review the origins of the Trump-Russia probe, as well as the final report from Robert Hur, a former U.S. attorney whom he tapped in 2023 to investigate President Biden’s handling of classified documents.