The judge criticized the lack of enforceable restrictions on the dissemination of the report and rejected the government’s argument that it had a historical precedent for sharing such reports with Congress.
Trump Intervenes as Amicus
Although Trump was dismissed from the case after his reelection, Judge Cannon granted his alternative request to participate as an amicus to challenge the report’s release. His attorney, John Lauro, argued during a hearing Friday that making the report available to Congress, even under strict conditions, would equate to public dissemination.
“Any dissemination to Congress under these circumstances is the equivalent of public dissemination,” Lauro stated. He warned that releasing the report would cause “very grave” harm to Trump, both personally and in his capacity as president.
The Department of Justice’s Elizabeth Shapiro contended that Congress would not receive physical copies of the report. Instead, members could view it under strict conditions, including a ban on electronic devices, note-taking, and a confidentiality agreement. Shapiro argued that leaks were unlikely and noted a “historical practice” of sharing similar reports with lawmakers.
Trump Case History and Co-Defendant Proceedings
Trump, Nauta, and De Oliveira were indicted in 2023 for conspiring to retain classified documents after Trump left office and allegedly obstructing the investigation. Judge Cannon dismissed Trump’s charges in July 2024, ruling that Jack Smith’s appointment as special counsel was unconstitutional. The Eleventh Circuit is reviewing the dismissal regarding Nauta and De Oliveira.
