WASHINGTON: The Justice Department has asked a federal appeals court to move swiftly in reversing a judge’s order that had blocked the agency from releasing any part of special counsel Jack Smith’s investigative report on President-elect Donald Trump.
The emergency motion late Friday is the latest back and forth in a court dispute over whether any portion of Smith’s report can be made public before Trump takes office Jan. 20. The push to release it before Trump’s inauguration reflects concerns that the Justice Department under the Trump administration, which will include members of his personal legal team in key leadership roles, would be in position to prevent the report from coming to light.
The Justice Department revealed in a separate filing on Saturday that Smith resigned from the department on Friday after having submitted his Trump report to the attorney general. The move had been expected.
The department is hoping to release in the coming days one part of its two-volume report focused on Trump’s efforts to undo the 2020 presidential election that he lost to Democrat Joe Biden. The department has said it will not publicly disclose a separate volume — about Trump’s hoarding of classified documents at his Mar-a-Lago resort in Florida after he left the White House in January 2021 — as long as criminal proceedings against two of Trump’s co-defendants remain pending.
Both investigations resulted in indictments of Trump, though Smith’s team abandoned both cases in November after Trump’s election win. Smith cited Justice Department policy that bars the federal prosecution of a sitting president.
The Atlanta-based 11th US Circuit Court of Appeals denied an emergency defense bid Thursday to block the release of the election interference report, which covers Trump’s efforts before Capitol riot on Jan. 6, 2021, to undo the results of the 2020 election. The appeals court left in place an injunction from a Trump-appointed lower court judge, Aileen Cannon, that said none of the findings could be released until three days after the matter was resolved by the appeals court.
Lawyers for Trump’s co-defendants in the classified documents case, Trump valet Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira, then asked Cannon to extend her injunction and to hold a hearing on the merits of their request to halt the release of the report.
The Justice Department responded late Friday by asking the appeals court to immediately lift Cannon’s injunction altogether. The filing noted that in addition to temporarily blocking the release of the election interference report, Cannon’s action also prevents officials from sharing the classified documents report privately with the leaders of the House and Senate Judiciary committees.
Cannon’s order is “plainly erroneous,” according to the department’s motion.
“The Attorney General is the Senate-confirmed head of the Department of Justice and is vested with the authority to supervise all officers and employees of the Department,” the Justice Department said. “The Attorney General thus has authority to decide whether to release an investigative report prepared by his subordinates.”
Justice Department regulations call for special counsels to produce reports at the conclusion of their work, and it’s customary for such documents to be made public no matter the subject.
William Barr, attorney general during Trump’s first term, released a special counsel report examining Russian interference in the 2016 US presidential election and potential ties to the Trump campaign.
Biden’s attorney general, Merrick Garland, has also released special counsel reports, including about Biden’s handling of classified information before Biden became president.

SYDNEY: The premier of Australia’s New South Wales state Chris Minns said on Sunday that an attack on a Sydney synagogue on Saturday marked an escalation in anti-Semitic crime in the state, after police said the attack was attempted arson.
Australia has seen a series of anti-Semitic incidents in the last year, including graffiti on buildings and cars in Sydney, as well as an arson attack on a synagogue in Melbourne that police ruled as terrorism.
In the latest incident, police were notified of anti-Semitic graffiti on a synagogue in the inner suburb of Newtown early on Saturday. An arson attempt was also made on the synagogue, police later said.
“This is an escalation in anti-Semitic crime in New South Wales. Police and the government remain very concerned that an accelerant may have been used,” Minns, the leader of Australia’s most populous state, said on Sunday in a televised media conference alongside state police commissioner Karen Webb.
“In the last 24 hours, these matters have now been taken over by counter-terrorism command,” Webb said.
A house in Sydney’s east, a hub of the city’s Jewish community, was also daubed with anti-Semitic graffiti, police said on Saturday, adding they were also probing offensive comments on a street poster in the suburb of Marrickville.
On Friday, a special police task force was set up to investigate an attack on the Southern Sydney Synagogue in the suburb of Allawah in the early hours of Friday morning.
David Ossip, president of the New South Wales Jewish Board of Deputies, said on Sunday he welcomed extra resources promised by the government to probe the recent incidents.
“The New South Wales government has also provided us with additional funding to enhance Jewish communal security,” Ossip added in a statement.
On Friday, Prime Minister Anthony Albanese, referring to the Southern Sydney Synagogue incident, said that there was “no place in Australia, our tolerant multicultural community, for this sort of criminal activity.”
The number of anti-Semitic and Islamophobic incidents have increased in Australia since Hamas attacked Israel in October 2023 and Israel launched its war on Gaza. Some Jewish organizations have said the government has not taken sufficient action in response.