Appeals court allows Jack Smith’s report on Trump’s election interference case to be released to public

A federal appeals court ruled Thursday that the Justice Department can release a report on President-elect Donald Trump’s efforts to overturn his 2020 election loss but kept in place a judge’s order requiring a three-day delay to allow for further appeals.

The ruling means Trump can ask the Supreme Court to block the release of the report written by special counsel Jack Smith.

A spokesperson for Trump did not immediately respond to a request for comment on whether the president-elect would appeal to the high court.

Trump was indicted in 2023 — and again in 2024 — on four counts, including conspiracy to defraud the U.S. in connection with his efforts to overturn the 2020 election, leading to the Jan. 6 attack on the U.S. Capitol. The case was dismissed following his election because of a long-standing Justice Department policy that a sitting president cannot be prosecuted. Trump had pleaded not guilty to the charges against him.

Attorney General Merrick Garland said in a letter to Congress on Wednesday that he planned to release the election interference-related volume of the report publicly if Judge Aileen Cannon’s order blocking the release of the report was overruled. The appeals court on Thursday kept intact Cannon’s order requiring a brief delay before its release.

Trump has promised to pardon an untold number of Jan. 6 defendants once he takes office on Jan. 20.