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Defense attorneys seek to block certain speech in Trump case


 Defense attorneys on Monday night asked the Justice Department and a federal judge to block special counsel Jack Smith from releasing reports revealing the investigation into President Donald J. Trump’s alleged leak of classified information after his resignation. Trump has made two attempts to block the report just two weeks before he is sworn into office for a second term. With the lawsuit against Trump already dismissed, the report will essentially be Smith’s last chance to present new details and any damaging evidence.

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Trump’s lawyers are asking Attorney General Merrick B. Garland said he had recently seen a copy of Smith’s report, calling it an example of the special counsel’s “political attack” on Trump. They told Mr. Garland not to allow Mr. Smith to make the public statement and to “immediately remove him from office.” The release of a classified report prepared by an unregulated citizen who is not qualified to be a lawyer would be nothing less than a wrongful act of political wrongdoing designed to politically damage President Trump,” attorneys representing Walter Nota and Carlos de Oliveira wrote in a separate court filing. Two of Trump’s defendants in the separate lawsuit are seeking the right path to block the release of Smith’s report, they asked the judge in the case, Aileen M. Cannon issued an emergency order barring Mr. Trump and Mr. Smith from making public statements “pending the final determination and appeals” of the case. Both attempts to bar Mr. Smith are likely to face a battle.



Trump’s lawyers have no authority to force Garland to block the report, and their letter is little more than a plea deal. It is not clear whether Judge Cannon has the authority to tell the prosecutor what to do with the special counsel’s report, especially since this case is before the Supreme Court, over which he has no control. That’s because Judge Cannon dismissed the case entirely in July, and Mr. Smith was illegally appointed as the special counsel years ago. Smith and his representatives are appealing the decision, which was upheld by a federal court in Atlanta after Trump won the election in November. Citing the Justice Department’s policy against impeaching a sitting president, Smith has concluded his role in the case by rejecting Trump’s objection. But he has not abandoned his objection to Nota and de Oliveira, and federal prosecutors in Florida plan to file an objection after Mr. Trump.


Smith also moved to dismiss a separate federal lawsuit against Trump accusing him of conspiring to sabotage the 2020 election. It is not clear when Mr. Smith plans to file a report on the case, and whether it will be filed with the prosecutor’s office or in a separate document. Trump’s lawyers’ efforts to block the report from being released are nothing more than a final push to halt or delay any lawsuit or trial that could embarrass or embarrass the presidential election.

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Earlier Monday, a federal judge in Manhattan rejected Trump’s last-ditch attempt to delay sentencing on the 34 impeachment charges, saying the trial would continue as scheduled on Friday. The Justice Department is requiring all special prosecutors to submit reports to the attorney general explaining why they are being prosecuted and why they decided not to investigate other charges they might consider. The attorney can decide whether the report will be made public.

It is unclear when the Secretary of State will be. Smith plans to complete his report on classified information. But lawyers for Nota and de Oliveira said in court documents that the report could be released "in the coming days." If one or both reports eventually arrive, they won't contain much new or interesting information.

 The classified information in the report could be difficult to report on because it is likely to be analyzed by the intelligence community. According to Mr. Trump, the report will not reflect new significance in the election interference case. Smith wrote a 165-page summary in October outlining the evidence he plans to present at the hearing.

Still, Trump’s lawyers complained in a separate letter to Garland that the report, included in the case, called Trump a “criminal” and a “leader of the criminal conspiracy statute.” The lawyers also wrote in the memo that “Mr. Trump … violated numerous federal laws.”



Trump’s lawyers countered by accusing Smith of “misconduct” and “improper conduct.” Todd Blanche and Emil Bove were singled out by Mr. Trump. He was offered important positions at the Justice Department. He has done so for other specifications.

In February, for example, Mr. Garland authorized the release of a report prepared by special counsel Robert K. Mr. Hu spoke about President Biden’s handling of classified information as Vice President. The report concluded that criminal charges were not enough, but also made a critical assessment of Mr. Trump. Biden’s memory and intelligence are central to his See More.....




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