• Trump wrote Attorney General Merrick Garland on Monday asking to halt the release of special counsel Jack Smith’s report about his two criminal cases, in which he won ‘complete exoneration.’
• Smith said in a court filing he could provide the report to Garland after 1 p.m. Tuesday and it could be released as early as 10 a.m. Friday.

WASHINGTON – A federal judge ordered Justice Department special counsel Jack Smith not to publicly release his report on the investigation of President-elect Donald Trump until after she has a chance to consider arguments about the report on charges that have been dismissed.

U.S. District Judge Aileen Cannon ordered Attorney General Merrick Garland and Smith not to release or share the report or any drafts outside the Justice Department unless an appeals court rules differently.

Trump welcomed the decision about what he called a “fake report” by noting that Cannon had dismissed the charges by ruling that Smith was appointed and funded illegitimately. He called the investigation a “witch hunt” and Smith “deranged” and a “disgrace.”

“If they’re not allowed to issue the report, that’s the way it should be,” Trump said. “That’s great news.”

Cannon was appointed by Trump.

Smith’s report is expected to provide the fullest description yet about the investigation that led to two federal indictments against Trump, one for allegedly conspiring to overturn the 2020 election and the other for allegedly mishandling classified documents after leaving the White House.

A public release of the potential bombshell report could come within days. But a court battle over whether to release the report will play out over the remaining two weeks before Trump returns to the White House on Jan. 20.

Judges dismissed both cases at Smith’s request under longstanding Justice Department policy against prosecuting sitting presidents. Neither case could be concluded before Trump starts his second term as president.

But special counsels typically write reports explaining their investigations and the decisions about whether to bring charges. Special counsel Robert Mueller’s report released in April 2019 about the investigation into Russian interference caused another firestorm because of his decision not to even consider charges against Trump as a sitting president.

Smith acknowledged in a court filing Monday that he has prepared a two-volume report, one for each of Trump’s two federal indictments. The report is being “finalized” and Garland would not release the report before Friday at 10 a.m., Smith wrote. Smith said he could transmit the report to Garland after 1 p.m. Tuesday.

But Trump asked Garland on Monday to halt Smith’s preparation and release of the report.

Trump’s co-defendants in the classified-documents case, Walt Nauta and Carlos De Oliveira, asked the same of Cannon. Smith had said he would reply formally to the request by 7 p.m. Tuesday, but Cannon ruled before he filed.

Nauta and De Oliveira, who were staffers at Trump’s home at Mar-a-Lago, where they were charged with conspiring to hide the classified records, argued they could still face charges after Trump’s dismissal of the case. Smith’s report “promises to be a one-sided, slanted report” that has “a single purpose: convincing the public that everyone Smith charged is guilty of the crimes charged,” Nauta and De Oliveira argued.

Trump also asked to participate in the Florida arguments, too.

“As a former and soon-to-be President, uniquely familiar with the pernicious consequences of lawfare perpetrated by Smith, his Office, and others at DOJ, President Trump should be permitted to participate in these proceedings,” Trump’s lawyers wrote.

In a letter to Garland, Trump’s lawyers argued that the dismissal of the cases represented “Trump’s complete exoneration,” but that Smith’s report would “perpetuate false and discredited accusations.” The lawyers argued that the release of the report would be “both imprudent and unlawful.”

Garland declined to comment.

Former Rep. Liz Cheney, R-Wyo., who helped lead the congressional investigation of the Capitol attack on Jan. 6, 2021, said Garland has a duty to release the report and “prevent its evidence from being destroyed.” Smith’s team obtained testimony and evidence from Trump’s advisers including former Vice President Mike Pence, she said.

After Cannon dismissed the charges, Smith appealed to the 11^th U.S. Circuit Court of Appeals but the court dismissed the appeal at his request after Trump’s election.

Nauta and De Oliveira asked the appeals court to return jurisdiction over the case to Cannon so she can hear their arguments. Cannon said her ruling would stand unless the appeals court rules differently.