Garland to Release Portion of Smith Report on Trump

Merrick Garland and the Department of Justice continue to play games with Donald Trump. 

Even though Special Counsel Jack Smith dropped all charges against Donald Trump, Garland has decided to release a portion of his report.  

I think we all know why this is happening. 

Playing Games 

I would expect the Smith report to be much of the same as what the January 6 Select Committee released on Donald Trump.  

Even though Smith dropped the charges, he had them dropped without prejudice, which means the charges can be refiled at a later date against Trump.  

For that reason, I have a real problem with Garland releasing this report.  

According to the filing, the only portion of the report that will be released is regarding Trump’s efforts to overturn the 2020 election.  

The portion of the report regarding classified documents will remain closed for now.  

The filing by the DOJ on the matter stated, “This limited disclosure will further the public interest in keeping congressional leadership apprised of a significant matter within the Department while safeguarding defendants’ interests.” 

While the election case was directly dismissed by Smith, the classified documents case had been dismissed by Trump-appointed Judge Aileen Cannon.

She had dismissed the case ruling that the appointment of Smith was illegal, a decision that Smith had appealed and I believe he would have won had he not dropped his appeal after Donald Trump was elected.  

Cannon was leaning on comments made by Justice Thomas on this matter, but the power of the AG in this regard had been heavily litigated in the 1970s, and that was more or less the standard ever since.  

If Cannon’s dismissal had stood through appeals, it would have negated every special counsel appointed since Nixon.  

Keep in mind, then-Attorney General Barr used the same rules to appoint John Durham to investigate the Mueller report, which would also be negated.