by Julie Kelly
In a footnote contained in a motion last week, the Department of Justice disclosed that Special Counsel Jack Smith officially resigned on January 10. Smith had announced his plans to leave the DOJ a few days after Donald Trump won the presidential election.
But it appears Smith, the losingest prosecutor in DOJ history, pulled one more stunt on his way out the door: sending an unnecessary and one-sided “report” on his two failed prosecutions of the incoming president to Attorney General Merrick Garland.
The president’s lawyers had learned of the report through media coverage. When they confronted Smith’s office, prosecutors originally agreed to let the attorneys view the draft in Washington over the December holidays, a proposal rejected by the president’s team. The attorneys then viewed the document during the first week of January and immediately sent a letter to Garland detailing their objections to the report’s release. (I explained here.)
The report consists of two volumes. Volume One, according to the DOJ, covers the January 6-related indictment of President Trump in Washington and Volume Two addresses the so-called classified documents case in Florida. After Trump’s victory, Smith moved to drop both cases.
But Smith did not drop the case against Trump’s two co-defendants in the documents case, Waltine Nauta, a longtime personal aide, and Carlos De Olivera. The men were charged in 2023 on the same indictment as Trump; one count accuses the three of “conspiring” to obstruct the investigation.
Lawyers representing Nauta and De Oliveira filed motions last week seeking to block release of the report, arguing any public disclosures would taint ongoing litigation against their clients. Judge Aileen Cannon, who presided over the document case and dismissed the indictment last year after concluding Smith’s appointment violated the Constitution, issued an order temporarily prohibiting the DOJ from sharing the report outside of the department.
That prompted a flurry of court action in both her courtroom and the 11th Circuit appellate court as the DOJ sought emergency relief from Cannon’s order and defense attorneys sought an extension to her order, which is set to expire Monday night.
In what appeared to be a compromise move, the DOJ stated that Volume Two, the section devoted to the documents case, would only be made available to the chairmen and ranking members (Democrats) of the House and Senate Judiciary Committee as long as the litigation remained active. (As if Jamie Raskin won’t immediately leak information to his buddies at CNN.)
The Last in a Long String of Lies and Dirty Tricks
On at least three occasions, the DOJ told the courts that Volume One did not involve the classified documents case. “Defendants appear to urge that the Attorney General should be enjoined from releasing any portion of the Final Report–including Volume One, which as noted, addresses the unrelated prosecution brought by the Special Counsel in Washington, D.C,.” DOJ prosecutors said in a January 8 motion. The DOJ added that attorneys for Nauta and De Oliveira were allowed to view Volume Two, “the only volume relevant to them.”
Another brief filed by the DOJ reiterated that “Volume One of the Final Report…does not relate to these Defendants.” And the DOJ told the appellate court as late as January 11 “nor does Volume One mention defendants Nauta or De Oliveira or their conduct at issue in this case.”
But those claims were not true. In response to an order issued by Cannon on Saturday, the DOJ admitted they had misrepresented the contents of Volume One: “Without referencing Defendants Nauta or De Oliveira, any conduct by them, any evidence against them, or the charges against them, Volume One does makes (sic) two references to the Classified Documents Case,” Principal Deputy Assistant Attorney General Brian Boynton stated in a January 12 filing.
Oops.
The disclosure represents more shady, dishonest conduct by the DOJ and the special counsel’s office specifically. Any mention of the classified documents case, even if the references do not specifically name Nauta or De Oliveira, of course implicate the two defendants.
Nevertheless, the report will be leaked. It wasn’t created to be shelved. If it exists, it will be leaked. That’s the Democrat way.
Hope to see George Soros pounding his Brains out against the wall and the same with all the rest of the UN/Globalists and their socialists kind they deserve to lose
Some wondered why Mitch “sweated blood” toget Garland confirmed. ToRonny folk it wasclear 3.9years ago! It should be clear to all now.
Mtch has hated Don for years! Thanks Mitch. NOT!
That report boils down to, “Trump should be convicted for exercising his First Amendment Right.”
He lied during a campaign.
OMG!
That’s never been a crime in campaigning, far as I know.
Certainly joe and Gavin would be behind bars if it were a crime.
Anything to discredit the opposition. Truly the Dem/Progressive way.