Trump's ex-co-defendants want judge to block release of Jack Smith report

Two of President-elect Trump's former co-defendants in the classified documents case want a judge to block the release of special counsel Jack Smith's report.

Walt Nauta, Trump's valet, and Carlos De Oliveira, the property manager of Trump's Mar-a-Lago estate in Palm Beach, Fla., want U.S. District Judge Aileen Cannon to keep Smith's report out from public view.

Fox News is told the report will be released within days. It could be later this week or next week. Smith will resign from his position before Trump takes office on January 20.

“These defendants will suffer irreparable harm as civilian victims of the government's impermissible and contumacious use of political law to include the release of the unauthorized report,” lawyers for Nauta and De Oliveira wrote in an emergency motion filed Monday. “The final report relies on documents to which Smith, as a disqualified special counsel, no longer has a right to access, making his attempt to share these documents with the public highly inappropriate.”

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U.S. Special Advisor Jack Smith speaks during a news conference in Washington, DC, U.S., Tuesday, August 1, 2023. (Al Drago/Bloomberg via Getty Images)

The emergency motion asked the Court for an immediate hearing to “establish the irregularity of an unsupervised release; the extent of the resulting harm; and the specific documents contained in the report for which disclosure is prohibited.”

“The final report promises to be a one-sided and biased report, relying almost exclusively on evidence presented to a grand jury and subject to all required protections – and of which Smith only became aware following his appointment unconstitutional – in order to serve a single purpose: to convince the public that all of those accused by Smith are guilty of the crimes charged,” lawyers for Nauta and De Oliveira wrote.

“But the criminal cases of Nauta and De Oliveira are not over; the appeal of Smith's dismissal order is still pending,” the motion states. “Notably, the government continued to inform the appeal, even after the appeal regarding President Trump was rejected. The threat of future criminal proceedings regarding Nauta and De Oliveira remains, and these proceedings will be irreversibly and irreparably compromised by the release of the final report.

It is customary for a special counsel to issue a final report upon completion of his work, detailing the findings of his investigation and explaining any prosecution or denial decisions he made as a result of the investigation. In Smith's case, the prosecutorial decision is immaterial, given Trump's status as president-elect and long-standing Justice Department policy. against laying criminal charges against a sitting president.

The report would first be sent to Attorney General Merrick Garland's office for review, per standard practice.

Trump lawyer Todd Blanche, who is set to take a senior position at the Justice Department, is asking Garland not to release the report.

“Smith’s proposed plan to release a report is unlawful, undertaken in bad faith and contrary to the public interest,” Blanche wrote in an attachment to the same motion. “Smith's conduct also raises serious Article II concerns because it unlawfully encroaches on the executive authority of President Trump's new administration to address issues surrounding Smith's office consistent with President Trump's demanding domestic mandate to the voters.”

Wal Nauta, personal assistant to former President Trump, arrives at the Alto Lee Adams Sr. U.S. Courthouse in Fort Pierce, Florida, August 10, 2023. (CHANDAN KHANNA/AFP via Getty Images)

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“The time has come to end this militarization of the justice system and move forward constructively,” he added. “No report should be prepared or released, and Smith should be removed from office, including for even suggesting this course of action given his obvious political motivations and desire to illegally undermine the transition.”

Trump, Nauta and De Oliveira have all pleaded not guilty to federal charges alleging they conspired to obstruct the FBI's investigation into classified documents found at Mar-a-Lago.

Smith was tapped by Garland in 2022 to investigate both alleged efforts by Trump and his allies to overturn the results of the 2020 election, as well as Trump's retention of allegedly classified documents at his Florida residence.

Carlos de Oliveira, center, an employee of Donald Trump's Mar-a-Lago estate, arrives for a court appearance with attorney John Irving, at the James Lawrence King Federal Justice Building, Monday, July 31, 2023, in Miami. (Wilfredo Lee/AP)

But he still has to present the investigation and its findings in his report to Garland, who will then decide whether to share it publicly.

Notably, Garland chose to release the reports of two other special counsels whose investigations concluded during his tenure – releasing the two summary reports submitted by John Durham, who was requested by then-Attorney General , Bill Barr, in 2019 to examine law enforcement and intelligence collection. during the 2016 presidential campaign and the origins of the Trump-Russia investigation, as well as the final report by Robert Hur, a former U.S. attorney who was tapped in 2023 to investigate President Biden. processing of classified documents.

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These reports were made public at the same time as they were shared with members of Congress. It's unclear whether Garland will do the same with Smith's findings, given their sensitivity and Trump's views. status of elected president.

Breanne Deppisch of Fox News contributed to this report.