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A federal court on Monday (23rd) ordered the permanent sealing of the special counsel's investigation report concerning allegations that President Donald Trump unlawfully removed classified documents from the White House after his first term.
In her order, Judge Aileen Cannon of the U.S. District Court for the Southern District of Florida stated that the release of the report would cause "irreparable harm" to President Trump and his two co-defendants, as reported by The New York Times (NYT) and Reuters.
Former Special Counsel Jack Smith was appointed as a special auditor following the FBI raid on Mar-a-Lago in 2022. Merrick Garland, then Attorney General, appointed Smith considering Trump's presidential candidacy.
The report was authored by former Special Counsel Smith, who had criminally charged President Trump with charges related to the January 6 Capitol riot in 2021, specifically "overturning election results," and "mishandling of classified documents" for unlawfully removing classified documents upon leaving office. These indictments were made in 2023 when Trump held the status of a "former president."
President Trump pleaded not guilty to both charges, and both cases were dismissed after Trump was elected president in the 2024 election. This occurred following the Department of Justice's practice of prohibiting the indictment of a sitting president and the Supreme Court's decision in July 2024, which broadly recognized the criminal immunity for former presidents' official acts during their tenure.
Ultimately, Smith failed to secure a conviction.
According to The Hill, Judge Cannon wrote, "If the second volume were to be released, it would result in manifest injustice to the former defendants. Special Counsel Smith initiated a proceeding that resulted in the dismissal of all charges without lawful authority. Therefore, the former defendants in this case, like other defendants in similar situations, continue to benefit from the presumption of innocence that is sacrosanct in our constitutional order."
Her decision followed a previous ruling that Smith's appointment itself was unlawful. Smith's report was comprised of two volumes, one of which was unsealed in 2025.
Left-leaning media outlets criticized the move as "unprecedented, but perhaps not surprising," noting that special counsel reports have typically been made public regardless of the administration. Judge Cannon was appointed by President Trump in 2020 and is known to be a member of the Federalist Society, a conservative legal group.
By Sung Ku Hong, Editor-in-Chief, NNP USA / Special Dispatch NNP info@newsandpost.com
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