WASHINGTON — A federal judge on Monday issued a permanent injunction barring the Department of Justice from releasing the final investigative report by former Special Counsel Jack Smith regarding President Donald Trump’s handling of classified documents.
The ruling by U.S. District Judge Aileen Cannon effectively ends a high-stakes legal battle over the public’s right to know the details of the investigation into the President’s alleged hoarding of sensitive national defense records at his Mar-a-Lago estate. The order prevents Attorney General Pam Bondi, and any future successors, from ever disclosing the second volume of Smith’s findings.
A “Manifest Injustice”
In a scathing 15-page decision, Judge Cannon characterized the potential release of the report as a “manifest injustice” toward the President and his two former co-defendants, Walt Nauta and Carlos de Oliveira.
Cannon, who dismissed the criminal charges in July 2024 on the grounds that Smith’s appointment was unconstitutional, argued that the Special Counsel had no legal authority to even compile the report.
“Special Counsel Smith, acting without lawful authority, obtained an indictment in this action and initiated proceedings that resulted in a final order of dismissal of all charges,” Cannon wrote. “The former defendants… still enjoy the presumption of innocence held sacrosanct in our constitutional order.”
The judge further scolded the former Special Counsel for continuing to work on the report after her initial dismissal order, calling the effort a “brazen stratagem” and a “concerning breach of the spirit” of the court’s earlier rulings.
DOJ and Trump Team Align
The ruling follows an unusual alignment between the Department of Justice and the President’s personal legal team. While the DOJ historically favors the release of special counsel reports—such as those by Robert Mueller and Robert Hur—the current administration under Attorney General Bondi argued that Smith’s report was an “internal deliberative communication” that should remain confidential.
Kendra Wharton, an attorney for President Trump, praised the decision, stating that the report consisted of “unproven accusations by an unconstitutional prosecutor” and should “never see the light of day.”
Watchdogs Decry “Troubling Pattern” of Secrecy
Government transparency groups, including American Oversight and the Knight Institute, had petitioned the court to release the document, citing its immense national importance. They argued that the First Amendment and common law dictate that the public has a right to see the results of an investigation into the mishandling of nuclear secrets and national security data.
Chioma Chukwu, executive director of American Oversight, slammed the ruling, stating it “places secrecy above the public’s right to know” and ensures that information of “extraordinary national importance” remains hidden.
The Two Volumes of the Smith Investigation
The Jack Smith probe resulted in two distinct reports before his resignation in January 2025:
| Report Volume | Subject Matter | Status |
|---|---|---|
| Volume I | 2020 Election Interference | Released January 2025 |
| Volume II | Classified Documents / Mar-a-Lago | Permanently Sealed |
What Happens Next
While Volume I regarding the January 6th investigation was released shortly before the President’s second inauguration, Volume II remains locked behind a protective order.
The watchdog groups have indicated they will appeal Cannon’s decision to the U.S. Court of Appeals for the 11th Circuit. However, with the Justice Department now actively opposing the release, the legal path forward for transparency advocates is increasingly narrow.
