According to court filings, Trump’s attorneys had also requested Garland to remove Smith from his position and to prevent the release of the report altogether.
A letter submitted to Garland on January 8, 2025, included a direct appeal from Trump’s legal team:
“Because Smith has proposed an unlawful course of action, you must countermand his plan and remove him promptly. If Smith is not removed, then the handling of his report should be deferred to President Trump’s incoming attorney general, consistent with the expressed will of the People,” the letter stated.
Justice Department’s Position
Regulations require special counsels to submit reports detailing their findings and prosecutorial decisions to the attorney general. Garland has pledged to release all such reports to the public, including those related to investigations into President Biden’s handling of classified documents.
The first volume of Smith’s report, focusing on the 2020 election investigation, is expected to be submitted to Congress and made public. Prosecutors maintain that the president-elect has no grounds to block the public release of this volume, which documents efforts to overturn the election results.
