Deadline Looms for Judge Cannon: Release of Explosive Special Counsel Report on Trump's Classified Documents Saga Hangs in the Balance

A federal appeals court has ordered Judge Aileen Cannon to decide within 60 days whether to release the second volume of former special counsel Jack Smith’s report on the classified documents case against Donald Trump. The 11th Circuit Court of Appeals found that Cannon had exercised undue delay in responding to motions filed in February by the Knight First Amendment Institute, which is seeking to unseal the report. The panel, made up of judges appointed by Presidents Obama, Biden, and Trump, ruled that the months-long delay was unjustified and gave Cannon a strict deadline to act.

Smith’s office brought two sets of charges against Trump, but neither reached trial before Trump won re-election in November 2024. After the election, Smith dropped both cases, citing Justice Department policy against prosecuting sitting presidents. The fight over the release of Smith’s report is now one of the last unresolved elements of the special counsel’s investigations.

The report’s second volume is considered highly significant because it details the evidence and findings related to Trump’s handling of classified documents at Mar-a-Lago. The Knight First Amendment Institute argues that the public has a right to access this information, especially given the seriousness of the allegations against the nation’s highest-ranking official. Cannon, who has been criticized for her handling of the case, previously blocked the release of the report shortly after Trump’s second term began.

Smith recently returned to the spotlight to defend his office’s work and criticized actions by the Justice Department under Trump. He has stated that there was tons of evidence showing Trump’s willfulness in possessing and obstructing the investigation into classified documents. Smith pointed to Trump’s public statements and social media posts as proof of intent, noting that such evidence was not present in other similar cases.

Meanwhile, Senate Judiciary Committee Chairman Chuck Grassley has made public 197 subpoenas issued by Smith’s team as part of the election case against Trump. These subpoenas targeted over 400 Republican individuals and entities, leading to accusations from Republicans that the investigation was a partisan fishing expedition. Grassley and other senators have called for greater transparency, releasing the subpoena records for public review.

Trump has continued to attack Smith, calling him a criminal and a failure. Republicans in Congress are now referring Smith to the Justice Department over his use of subpoenas targeting GOP lawmakers’ phone metadata. Despite the legal battles, neither of Smith’s investigations resulted in criminal consequences for Trump.

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