Federal Judge Blocks Release Of Jack Smith Report’s Second Volume
A federal judge has delivered a decisive legal victory to President Donald J. Trump, permanently blocking the release of Volume II of former Special Counsel Jack Smith’s report — the portion focused on classified documents following Trump’s first term.
U.S. District Judge Aileen Cannon ruled Monday that publication of the report would constitute a “manifest injustice” to the president and his co-defendants. Her order bars 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 ruling came just one day before the Justice Department had been expected to release the second volume publicly.
In a sharply worded decision, Cannon criticized the origins of the prosecution itself.
“Special Counsel Smith, acting without lawful authority, obtained an indictment in this action and initiated proceedings that resulted in a final order of dismissal of all charges,” Cannon wrote.
The judge had previously ruled that Smith’s appointment was unlawful. After President Trump’s 2024 re-election victory, the charges were dismissed in accordance with longstanding Justice Department policy prohibiting the federal prosecution of a sitting president. Smith subsequently resigned.
Cannon’s 15-page order emphasized that releasing a report after charges were brought — but never adjudicated — would undermine fundamental principles of fairness.
“Moreover, while it is true that former special counsels have released final reports at the conclusion of their work, it appears they have done so either after electing not to bring charges at all or after adjudications of guilt by plea or trial,” Cannon wrote.
“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, at least not in a situation like this one, where the defendants contested the charges from the outset and still proclaim their innocence,” she added.
Trump’s former defense attorney, Kendra Wharton, praised the ruling in comments to Fox News Digital.
Her “courage and judicial resolve on these important due process issues should be recognized and taught in law school classrooms across America,” Wharton said.
The classified documents probe was launched in 2022 when then-Attorney General Merrick Garland appointed Jack Smith to investigate both Trump’s handling of documents after leaving the White House and allegations related to the 2020 election.
Smith ultimately brought charges in both matters. After Trump returned to office, the cases were dropped pursuant to Justice Department guidelines regarding sitting presidents.
Smith has consistently rejected claims that his investigation was politically motivated. In testimony before the House Judiciary Committee in December, he defended the work of his team.
“I made my decisions in the investigation without regard to President Trump’s political association, activities, beliefs, or candidacy in the 2024 presidential election,” Smith told lawmakers on Dec. 17.
He also asserted that investigators had uncovered “powerful evidence” that Trump retained highly classified materials at his Mar-a-Lago residence after January 2021 and obstructed efforts to retrieve them.
Judge Cannon’s order, however, makes clear that whatever conclusions Smith reached, they will not be aired publicly in the form of a government report absent adjudication in court.
Supporters of the president view the ruling as a critical reaffirmation of due process — arguing that allowing a prosecutor to publish accusatory findings after charges were dismissed would create a dangerous precedent. Critics counter that transparency is essential.
For now, the court has spoken. And in a legal battle that defined much of the political landscape during and after President Trump’s first term, this chapter closes not with a public report — but with a permanent judicial block.