Donald Trump’s attorneys have called on Special Counsel Jack Smith to halt the release of a final report on the federal investigation into the former president’s handling of classified documents at his Mar-a-Lago estate, claiming the report could infringe on the constitutional rights of the defendants.
Two of Trump’s close aides, Walt Nauta and Carlos De Oliveira, who are accused of helping him retain classified materials and obstructing justice, have also requested intervention from Judge Aileen Cannon. In a filing on Monday evening, their legal team argued that Smith lacks the authority to proceed, citing Cannon’s earlier ruling deeming the special counsel’s appointment unconstitutional.
The draft report, reviewed under restricted access between January 3 and January 6, 2025, was described by Trump’s attorneys as a “one-sided narrative” designed to establish the guilt of the defendants. They contend it undermines fundamental principles of due process and criticize the redactions within the document as insufficient to ensure fairness for Nauta and De Oliveira.
“The Final Report promises to be a one-sided, slanted report, relying nearly exclusively on evidence presented to a grand jury and subject to all requisite protections—and which is known to Smith only as a result of his unconstitutional appointment—in order to serve a singular purpose: convincing the public that everyone Smith charged is guilty of the crimes charged,” the lawyers wrote.
Attorney General Merrick Garland has indicated his willingness to share the report with Congress, subject to necessary redactions. However, the defense warns that even a partially redacted version could harm the accused, particularly since a gag order prevents them from publicly responding to the prosecution’s evidence.
Judge Cannon previously dismissed the case against Trump and his co-defendants last summer, ruling Smith’s appointment unconstitutional. While the Department of Justice has appealed, the cases involving Nauta and De Oliveira were reassigned to the Southern District of Florida’s U.S. Attorney’s Office. Trump was removed from the proceedings following his re-election, at the prosecutors’ request.
Nauta and De Oliveira’s lawyers insist that releasing the report would irreparably damage public perception and jeopardize their clients’ right to a fair trial.
