Judge Turns Down Bid to Release Secret Portion of Jack Smith’s Report

Special counsel Jack Smith in Washington on Aug. 1, 2023. Drew Angerer/Getty Images

A federal judge on Jan. 20 turned down a request to release the secret half of former special counsel Jack Smith’s report into his investigation of President Donald Trump.

U.S. District Judge Timothy Kelly said that American Oversight, a group that filed a lawsuit seeking the release of volume two of Smith’s report, had not shown it would be irreparably harmed absent the disclosure.

American Oversight had demanded the secret portion of Smith’s report, saying the U.S. Department of Justice (DOJ) should be forced to process its Freedom of Information Act request before the Senate voted on whether to confirm Kash Patel as director of the FBI.

The group said its request was urgent because the volume contains information about Patel. The information would help the organization “educate the public about Patel’s truthfulness, trustworthiness, and regard for the protection of classified information ahead of the Senate Judiciary Committee’s vote to confirm him as Director of the FBI,” it stated.

Kelly said the DOJ, in withholding the records requested, is obeying a court order. The judge said that even if he granted the relief sought—ordering the DOJ to quickly respond to the Freedom of Information Act request—the court order would still prevent the DOJ from releasing volume two.

“DOJ has determined that it may not release Volume II, so an order to that effect would not help American Oversight avoid any harm—irreparable or otherwise,” Kelly wrote.

American Oversight has also not shown it is likely to succeed in its case, which is another bar required to meet to receive a preliminary injunction, the judge said.

U.S. District Judge Aileen Cannon in January said the DOJ could not release volume two because it would harm Walt Nauta and Carlos De Oliveira, who were charged along with Trump for violating federal law.

The DOJ shortly after released part one of Smith’s report, which said that evidence gathered in the investigation showed Trump illegally attempted to overturn the 2020 election.

A federal appeals court in February granted the DOJ’s request to drop charges against Nauta and De Oliveira. The charges against Trump were previously dismissed in light of his 2024 election win.

American Oversight then asked Cannon, who is based in Florida, to dissolve her order.

Cannon on Feb. 18 said in a paperless order that her order remains in effect, at least for now, and that she would not dissolve it. That could change after Nauta, De Oliveira, and the government submit a joint status report following the dismissal of the charges, she said.