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Donald Trump’s lawyers have asked the Department of Justice (DoJ) not to release the special counsel’s report outlining the investigation into the US president-elect.
Jack Smith has led two investigations into Trump: one into alleged attempts to overturn his 2020 election defeat and the other into his apparent mishandling of classified documents.
Both cases were adjourned, but Mr Smith’s detailed report was due to be published in the coming days.
But in a letter to Attorney General Merrick Garland, Trump’s lawyers urged him to stop “weaponizing the justice system” and hand over the report to them.
The correspondence alleges that Mr. Smith did not have the legal authority to file the report because he was unconstitutionally elected to do the job and was politically motivated. Mr Smith has not yet responded publicly.
Trump’s legal team received a draft of the report over the weekend.
Two investigations led to criminal charges against Trump, but both have since been dropped, in part because of the Justice Department’s longstanding policy of not prosecuting a sitting president.
The former president pleaded not guilty and denied all wrongdoing.
Federal rules mandate that any special counsel investigation must culminate in a report to the Justice Department, and Garland has previously said he would release all such reports.
While out of the White House, Trump has faced numerous court cases that have been successfully delayed and thwarted by his lawyers and allies.
The administration of Democratic President Joe Biden has faced accusations from Trump’s opponents that it was too slow to proceed against the Republican, while Trump’s supporters have argued that the prosecution was politically motivated.
One of Mr. Smith’s two cases involved Trump’s attempts to overturn the results of the 2020 election, which he lost to Biden.
Trump has pleaded not guilty to the charges, and the case has reached a legal impasse after the Supreme Court ruled that Trump is partially immune from criminal prosecution for acts committed while in office.
Mr Smith later re-filed his case but dropped it after Trump won the 2024 election.
He also led the case against Trump over his alleged misuse of classified documents after he left the White House following his first presidency — allegations that Trump has also denied.
That case hit a snag when a Trump-appointed judge dismissed the charges, arguing that Mr. Smith was improperly appointed to handle the case. Again Mr Smith filed a reply – this time with an appeal – but later withdrew that too.
The leadership of the Ministry of Justice prevents criminal prosecution of the current president. Mr. Smith clarified that this legal protection also extended to the criminal prosecution of a private citizen who was subsequently elected President.
The news was hailed by the Trump campaign, which called it a “great victory for the rule of law.”
Mr Smith will also reportedly leave his job before Trump returns to the White House on January 20 and follows through on his threat to fire him.
Despite recent court victories, Trump still faces sentencing on Friday after being found guilty in New York last year of 34 felony counts of falsifying commercial records to cover up payments to a porn star.
Less than two weeks before Trump’s inauguration, a judge rejected a request for a delay, although he had previously made it clear he would not consider placing Trump in custody.
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