Only a select group of lawmakers will have access to the full classified report of special counsel Jack Smith on President-elect Donald Trump's effort to overturn the results of the 2020 presidential election and the handling of classified records at his Mar-a-Lago estate.
Concretely, the Justice Department said it will release the findings on the efforts to undo the results of the election. It did so in a filing to a federal appeals court considering a request to block the release of the report while charges are still pending regarding the classified documents case.
The DOJ will release the two volumes focused on election interference, with the classified documents section only being available to the chairmen and ranking members of the House and Senate Judiciary Committees as long as the case against Trump's co-defendants continue.
"This limited disclosure will further the public interest in keeping congressional leadership apprised of a significant matter within the Department while safeguarding defendants' interests," reads a passage of the document. It means that House Chair Jim Jordan and ranking member Jerry Nadler, and Senate Chairman Chuck Grassley and ranking member Dick Durbin will have access to the full reports.
Smith decided to give up the two cases he was building against Trump (the attempt to subvert the election and his handling of classified documents following his departure from office) after he won the presidential election in November. He effectively did so on November 25.
Smith's prosecution team wrote that the move was based on a longstanding Justice Department policy against prosecuting sitting presidents. "That prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of the Government's proof, or the merits of the prosecution, which the Government stands fully behind," the filing said. If Garland decides to release at least part of the report, it will be aimed at public consumption rather than a jury's.
However, Republicans are already gunning for Smith even after he leaves his post, with House Judiciary Committee Jim Jordan not ruling out investigating him and his team for their actions. The lawmaker said this week in an interview that Republicans "want the facts."
Members of Smith's team were reportedly preparing to face retribution if Trump was elected, holding staff briefings on potential harassment by Trump supporters. Topics reportedly included doxing, in which a person's private information is posted online, as well as cybersecurity and stalking.
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