The decision immediately flouts an order from Judge Aileen Cannon, who caved to a request from two of Trump’s co-defendants Tuesday. She ruled that the Justice Department would not be allowed to release Smith’s final report on his two federal criminal investigations into the president-elect. But the joint request to block the release of the 2020 election report, which names neither of the co-defendants, is little more than a reach, according to Garland.
“Defendants [Walt] Nauta and [Carlos] De Oliveira have no cognizable interest in that volume of the Final Report, however, nor any plausible theory of Article III standing that would justify their asking this Court to grant relief with respect to it,” Garland wrote in Wednesday’s filing. “Nor would there be any legal basis for any other interested party to seek to block release of Volume One.”
Garland’s notes on Trump’s classified documents case are doubly strategic. By restricting the release of volume two of Smith’s report to the House and Senate Judiciary Committees, Garland undermined the “essential premise” of Nauta and De Oliveira’s emergency motion, which claimed that the immediate public release of the report would cause “irreparable prejudice to defendants’ criminal proceedings.”
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