In a major legal win for President Donald Trump, a federal judge on Monday permanently blocked the release of Volume II of former Special Counsel Jack Smith’s report — the portion focused on Trump’s handling of classified documents after leaving office in 2021.
U.S. District Judge Aileen Cannon ruled that publication of the report would constitute a “manifest injustice” to Trump and his co-defendants in the classified documents case. Her order prohibits the Justice Department from “releasing, distributing, conveying, or sharing with anyone outside the Department of Justice any information or conclusions in Volume II or in drafts thereof.”
The decision came just one day before the report was scheduled to be released.
In her 15-page order, Cannon sharply criticized Smith’s authority and the procedural posture of the case. She noted that Smith had initiated criminal charges that were ultimately dismissed and argued that releasing a detailed report after charges failed to result in convictions would undermine basic principles of fairness.
“The Court strains to find a situation in which a former special counsel has released a report after initiating criminal charges that did not result in a finding of guilt,” Cannon wrote, emphasizing that Trump and his co-defendants had contested the charges and continue to proclaim their innocence.
Cannon previously ruled that Smith’s appointment as special counsel was unconstitutional, though the broader case was dismissed following Trump’s re-election in 2024. The Justice Department has historically adhered to a policy discouraging federal prosecution of sitting presidents, which factored into the dismissal of the charges after Trump returned to office. Smith subsequently resigned.
The blocked report stems from Smith’s investigation into Trump’s retention of classified documents at his Mar-a-Lago residence after his first term. Smith had alleged that Trump willfully retained sensitive materials and obstructed government efforts to recover them. In addition to the documents probe, Smith also led an investigation into efforts to challenge the 2020 election results.
Trump’s former defense attorney, Kendra Wharton, praised Cannon’s ruling, calling it a defense of due process and judicial independence. She said the judge’s “courage and judicial resolve” should be recognized and studied.
Smith has consistently rejected claims that his investigations were politically motivated. In testimony before House Republicans in December, he maintained that his decisions were made without regard to Trump’s political status or candidacy.
“I made my decisions in the investigation without regard to President Trump’s political association, activities, beliefs or candidacy,” Smith said at the time.
The ruling now prevents public disclosure of the report’s findings, at least outside the Justice Department. While prior special counsels have released final reports, Cannon’s order draws a distinction between cases that ended in convictions or decisions not to charge and this case, where charges were filed but never adjudicated.
