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Justice Department Moves to Permanently Seal Special Counsel’s Trump Documents Report
The Justice Department filed a strongly worded court document Friday arguing that former special counsel Jack Smith’s report on Donald Trump’s handling of classified documents should remain sealed permanently, describing it as “the illicit product of an unlawful investigation.”
“The United States will leave it there,” prosecutors wrote, suggesting the report belongs in the “dustbin of history.” This position aligns with Trump’s legal team, who earlier this week requested U.S. District Judge Aileen Cannon permanently block the report’s release.
The filing significantly increases the likelihood that a detailed accounting of a high-profile investigation that once posed substantial legal jeopardy for the former president may never see public light. Smith’s team had produced a comprehensive two-volume report examining both Trump’s retention of classified materials at his Mar-a-Lago estate and his efforts to overturn the 2020 presidential election results.
Both investigations had resulted in federal indictments, but these were dropped after Trump won the November 2024 presidential election. The Justice Department has long maintained that sitting presidents cannot be federally prosecuted while in office.
While the report volume regarding the election investigation was released during the final days of the Biden administration, Judge Cannon—a Trump appointee who issued several rulings favorable to Trump during the classified documents case—temporarily halted the release of the documents investigation report last year. This judicial order prevented Smith from discussing substantive details about the investigation during his Thursday testimony before the House Judiciary Committee.
The temporary injunction is scheduled to expire on February 24, but Friday’s filing by Jason Reding Quiñones, U.S. Attorney for the Southern District of Florida, seeks to make the seal permanent. Quiñones and fellow prosecutor Manolo Reboso argued that Smith’s investigation was “unlawful from its inception.”
The filing further stated that Attorney General Pam Bondi has determined the report constitutes “an internal deliberative communication that is privileged and confidential” and should not be released outside department channels.
In particularly pointed language, the prosecutors accused Smith of having “weaponized the Department of Justice against a leading presidential candidate in pursuit of an anti-democratic end,” and claimed he acted “without legal authority and while targeting constitutionally protected activity.”
The filing marks a dramatic shift in the Justice Department’s stance following Trump’s return to the White House. Under the Biden administration, Smith was appointed as special counsel to investigate matters related to Trump, specifically the retention of classified documents at Mar-a-Lago after his presidency and efforts to overturn the 2020 election results.
During his congressional testimony Thursday, Smith defended his work, maintaining he had conducted the investigations without political considerations. “No one should be above the law in our country, and the law required that he be held to account. So that is what I did,” Smith said of Trump.
Legal experts note that the sealing of such reports is unusual, particularly given the significant public interest in the case. The investigation included a high-profile FBI search of Mar-a-Lago in August 2022, which recovered numerous classified documents that prosecutors alleged were improperly retained after Trump left office.
Judge Cannon, who has jurisdiction over the case in Florida, has not yet ruled on the request to permanently seal the report. Her previous rulings in the case, including the appointment of a special master to review seized documents, were criticized by legal observers for departing from standard judicial procedures in similar cases.
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6 Comments
This seems to be another chapter in the ongoing political tug-of-war over the Trump investigations. I wonder if the report will ever see the light of day, or if it’s destined for the ‘dustbin of history’.
Fascinating legal battle over the Trump investigation report. The DOJ’s strong stance to permanently seal it suggests there may be sensitive details they want to avoid making public.
The DOJ’s stance aligns with Trump’s legal team, which is interesting. I’m curious to learn more about the specific reasons they believe the report should remain sealed permanently.
The implications of this decision could be far-reaching. If the report is never released, it could further erode public trust in the justice system and fuel conspiracy theories.
It’s concerning that a detailed report on such a high-profile investigation could be buried. The public deserves transparency, even if the findings are politically charged.
I agree, accountability is important. But the DOJ may have valid reasons to keep certain information confidential, especially if it involves national security.