Trump special counsel report in limbo despite appeals court ruling
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Injunction barring the release of Jack Smith’s report remains in place for at least three more days. A federal appeals court on Thursday rejected an attempt to block special counsel Jack Smith from releasing his final report into the two federal criminal cases he brought against Donald Trump but, crucially, did not lift a temporary injunction that prevents it from becoming public.
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The order from the US court of appeals for the 11th circuit means the injunction imposed by the US district judge Aileen Cannon who handled the president-electTrump’s prosecution on charges of mishandling classified documents will remain in place for at least three more days.
But the temporary injunction could last longer, Trump’s legal team suggested, pointing to language in Cannon’s decision that made clear the injunction was not her final say in the matter and that she still intended to consider and rule on whether the report should ever be public.
That language was buried at the end of Cannon’s injunction on Tuesday, reading: “This Order shall not be construed as the final ruling on the merits of the emergency motion, which remains pending before this court subject to any directives from the Eleventh Circuit.”.
With the 11th circuit declining to weigh in, the matter of whether the special counsel report should be publicly released appears set to return to Cannon, the lower court judge who dismissed the documents case in a decision last year that is being challenged by the justice department.
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