House Judiciary Democrats are asking the Justice Department to publicly share special counsel Jack Smith’s Mar-a-Lago documents report, adding to the push to unseal the volume after DOJ moved to halt prosecution against President Trump’s two co-defendants.
The Justice Department last week moved to dismiss an appeal that would revive the prosecution against valet Walt Nauta and property manager Carlos de Oliveira. If approved by the 11th Circuit Court of Appeals, it would bring an end to the criminal charges for the two men.
Rep. Jamie Raskin (D-Md.), the top Democrat on the panel along with other members, has asked the Justice Department to release that volume of the report and block any interference from Trump or a member of his personal legal team now working at the Department.
“The Department’s fair rationale for not previously releasing Volume Two of Special Counsel Smith’s report was to avoid any prejudice to President Trump’s co-defendants while the criminal case against them was still ongoing,” they wrote, referring to the Mar-a-Lago volume of the report.
“Once the court grants the Department’s motion to dismiss the case, that concern plainly becomes moot. Accordingly, the DOJ will have no conceivable basis upon which to continue withholding this essential report from the American people.
It adds that Trump and Acting Deputy Attorney General Emil Bove, Trump’s former defense counsel, “will not be invited or allowed to play any role in discussions or deliberations about the future of this report.”
The letter notes that former Attorney General Merrick Garland released all special counsel reports produced during the Biden administration, including one that reviewed the handling of classified documents by President Biden.
DOJ did not respond to a request for comment.
The election interference volume of Smith’s report was released last month with relatively little new information, serving largely as a defense against claims Trump’s prosecution was politically motivated.
But court filings indicate the Mar-a-Lago volume may have substantially more evidence and unreported details about the recovery of the more than 300 classified documents as well as the
Justice Department’s case.
Raskin noted that White House Press Secretary Karoline Leavitt has pledged that Trump will offer “the most transparent” administration.
“This report is expected to not only outline the evidence supporting the 40 felony counts against President Trump…but also explain why he retained and concealed these classified documents and what precisely he intended to do with them. It is essential that the American people and Congress be given the means to understand how and why President Trump mishandled our nation’s most sensitive classified information,” he wrote.
The letter comes as Democratic members of the Senate Judiciary Committee have made the same demand, saying that the report is also key as they evaluate Trump’s pick to lead the FBI, Kash Patel.
Patel was called before a grand jury assembled in the case after he claimed that he witnessed Trump declassify records — a detail that could have been among the defenses Trump offered after 300 documents with classified markings were found in his home at Mar-a-Lago in Florida.
He was given immunity to testify after previously refusing to answer questions, pleading the fifth.
“Mr. Patel’s testimony under oath before the grand jury on this and other potential matters, and the Special Counsel’s findings with regard to Mr. Patel’s related activities and statements, remain unknown to the Committee and the public,” they wrote.
Sen. Cory Booker (D-N.J.) said the report and grand jury transcript would indicate whether Patel was willing to lie for Trump.
“It would be irresponsible for us to move forward if we do not know that the future head of the FBI would break the law and lie for the president of the United States,” Booker said Thursday.
