Since the Supreme Court ruling that a President has broad immunity for actions taken as a sitting President both prosecutions are in dispute. And the charges are being litigated.
Smith’s tenure as special counsel concluded following Trump’s presidential election victory in 2024. Prosecutors cited Justice Department regulations prohibiting the prosecution of a sitting president as the reason for closing the cases.
Jack Smith has Two-Volume Report
Smith’s investigations culminated in a two-volume report submitted to Attorney General Garland on January 7, 2025.
The first volume addressed Trump’s alleged efforts to overturn the 2020 election, while the second focused on the classified documents case. However, the release of these findings has been a point of contention between Justice Department officials and defense attorneys.
In court filings, the Justice Department disclosed that Garland has decided not to release the second volume of Smith’s report.
It deals with the classified documents case, until all related criminal proceedings against Trump’s co-defendants Walt Nauta and Carlos de Oliveira have concluded. Instead, this volume will be shared with a select group of Congressional members.
Legal Challenges
Attorneys representing Trump’s co-defendants have actively sought to block the release of any portion of Smith’s report, arguing that it could prejudice their cases. Judge Aileen Cannon initially sided with the defense, issuing an order barring the Justice Department from releasing the report. Despite these efforts, the 11th Circuit Court of Appeals in Atlanta rejected the defense’s bid to extend the order.
