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Garland Wants to Release Report on Trump Election Interference Case

Garland Wants to Release Report on Trump Election Interference Case

The filing is in response to an emergency motion by two of Trump’s former co-defendants to keep the report from reaching the public.

Attorney General Merrick Garland wants to release Volume One of special counsel Jack Smith’s report with evidence supposedly showing how President-elect Donald Trump tried to overturn the 2020 election.

The report would go to Congress.

However, Garland will not release Volume Two of Smith’s report concerning the case of the FBI invading Mar-a-Lago.

IMPORTANT: The story has nothing to do with Trump. His former co-defendants, Walt Nauta and Carlos De Oliveira, filed an emergency motion to prevent anyone from releasing the final report.

According to the filing, Nauta and De Oliveira do not appear in Volume One. It’s about the alleged election interference, “an unrelated prosecution brought by the Special Counsel in Washington, D.C.”

“Volume Two concerns the criminal investigation, indictments, and proceedings in the Southern District of Florida against defendants Nauta and De Oliveira, as well as former defendant and now President-elect Trump,” the DOJ continued.

The department added: “The Attorney General’s determination not to authorize the public release of Volume Two fully addresses the harms that defendants seek to avoid in their emergency motion.”

Here is what led to Garland’s filing.

On Tuesday, U.S. District Judge Aileen M. Cannon of the U.S. District for the Southern District of Florida ruled that Garland and Smith cannot share any part of the report until three days after the United States Court of Appeals for the Eleventh Circuit decides on the similar “Emergency Motion, unless the Eleventh Circuit orders otherwise.”

It went to Cannon because, as noted above, the report involving Nauta and De Oliveira is based in her Florida court.

That does not mean Trump hasn’t fought to stop the DOJ from releasing any of Smith’s reports.

Garland notified the Eleventh Circuit that he had prepared to make the report public because any pushback from Trump is moot “since the President-elect is no longer a defendant in any Special Counsel matter.”

Smith dropped both cases after Trump demolished Vice President Kamala Harris on November 5.

Nauta and De Oliveira filed the emergency motion because making it public would risk “prejudice” against them if the “Court reverses the dismissal of their indictments.

Garland tried to put their fears to ease, which would make me laugh if I didn’t know that the DOJ loves to go after political opponents:

But that prediction is incorrect. Attorney General Garland is committed to ensuring the integrity of the Department’s criminal prosecutions. Considering the risk of prejudice to defendants Nauta’s and De Oliveira’s criminal case, the Attorney General has agreed with the Special Counsel’s recommendation that Volume Two of the Final Report should not be publicly released while those cases remain pending. See 28 C.F.R. § 600.9(c). There is therefore no risk of prejudice to defendants and no basis for an injunction against the Attorney General.

Garland continued:

Volume One, the Election Case, concerns an unrelated prosecution brought by the Special Counsel in Washington, D.C and, accordingly, Volume One does not refer to either Nauta or De Oliveira or describe the evidence or charges against them. Volume Two concerns the criminal investigation, indictments, and proceedings in the Southern District of Florida against defendants Nauta and De Oliveira, as well as former defendant and now President-elect Trump. The Attorney General’s determination not to authorize the public release of Volume Two fully addresses the harms that defendants seek to avoid in their emergency motion.

Garland “intends to make Volume Two of the Final Report available for in camera review by the Chairmen and Ranking Members of the House and Senate Judiciary Committees, pursuant to restrictions to protect confidentiality.”

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Comments

A report compiled without response e.g. due process, would seem to open authors to defamation lawsuits.

    MarkS in reply to rhhardin. | January 8, 2025 at 1:05 pm

    they all have immunity

      Ironclaw in reply to MarkS. | January 8, 2025 at 1:38 pm

      Do they? Because if the author of said report is Jack Smith, he should be prosecuted for impersonating a U.S. Attorney. Remember that that case was dismissed because the prosecutor was no properly or legally appointed.

        I was understanding (but may be wrong) that Smith’s report relied on information he accessed *after* he was removed from the case, and had no authority to see it. In that case, he’s publishing proof of a criminal action, a rather stupid thing to do if he doesn’t fly to the Hague before inauguration and ask for sanctuary.

        tjv1156 in reply to Ironclaw. | January 10, 2025 at 4:55 pm

        that ruling was made by aileen Cannon,who apparently got her law degree from Trump U.,lol. I notice MAGA defenses of the cult leader are never that he didn’t do it. hhmmmmm

      JohnSmith100 in reply to MarkS. | January 8, 2025 at 6:31 pm

      Something can be found to charge them.

      ahad haamoratsim in reply to MarkS. | January 9, 2025 at 6:30 am

      If the special prosecutor who wrote the report was illegally appointed (as SCOTUS ruled), where would the immunity come from?
      And how would the report have the status of a governmental document?

    Garland is also butt hurt because Biden and the Democrats blame him for Trump winning.

    Milhouse in reply to rhhardin. | January 9, 2025 at 2:25 am

    A report compiled without response e.g. due process, would seem to open authors to defamation lawsuits.

    Due process is irrelevant to defamation law. Due process is only required in order to deprive someone of life, liberty, or property.

    Even without a prosecutor’s absolute immunity, there is no possible defamation case here. Even if it turned out that there were factual misstatements in the report (which we don’t know there to be) and even without immunity, the authors would still be protected by Sullivan.

    diver64 in reply to rhhardin. | January 9, 2025 at 6:04 am

    Maybe but doubtful. What I didn’t read was Garland’s motivation on releasing anything. Why is he so determined to release the report? To what end? Trump won and no one but Democrats and a thoroughly discredited media along with their 10’s of viewers will quickly move on.

Impeachment 3.0?

Let him release the full documents, as long as Garland and all the authors first waive immunity to any defamation suits.

Then fix the law.

If it’s a federal crime to lie to the FBI, it should be a much more serious crime for the FBI to lie to the courts or the American people.

    UnCivilServant in reply to clintack. | January 8, 2025 at 2:48 pm

    Under no circumstance should it be a crime to lie to the FBI (I know should versus is). The Agent should be assumed to be lying in all cases unless corroborated by independant evidence not collected by or touched by the FBI.

    tjv1156 in reply to clintack. | January 9, 2025 at 10:31 am

    defamation for laying out what a lying dirtbag Trump is? Outside of the MAGA cult, in normalville, this is well known.

The case that was dismissed because he, Garland, improperly and illegally named someone ineligible to be a special counsel in charge of it?

‘Garland “intends to make Volume Two of the Final Report available for in camera review by the Chairmen and Ranking Members of the House and Senate Judiciary Committees, pursuant to restrictions to protect confidentiality.”’

You’re joking, right? The Hill has more leaks than the Mary Rose, Titanic & Bismarck combined.

They count on it

‘In camera”, means public if it involves Congress.

this will be greeted in nomalville- outside the cult- with the familiar response. “How could anybody think this guy is fit for any office- let alone President?” Inside the cult it will be the same old goober
BS. ‘ FAKE!!….lies!….witch hunt!!!….Lawfare ( the new MAGA buzzword)…Smith and Cheney and Kitzenger should be investigated!1:

It is over.

The game has been won by Trump.

Anything that happens now, being carried out by Democrats like Garland is nothing more than their attempts at undermining the President of America and the will of the American people.

I wonder what law school will hire Garland.