Less than two weeks before Donald Trump is set to take office, prosecutors are continuing to pursue cases against him. In New York, Judge Juan Merchan has scheduled Trump's sentencing for Friday, but Trump is asking the Supreme Court to intervene. At the same time, the Department of Justice wants to release special counsel Jack Smith’s final report after a federal judge blocked its release.
John Malcolm, from the Heritage Foundation, believes that both the release of the report and Trump's sentencing are attempts to undermine him right before his inauguration. There is uncertainty about Smith's authority to issue the report following a ruling that his appointment was unconstitutional. The DOJ stated that it wants to release part of Smith’s report related to the 2020 election investigation, arguing it is in the public interest.
Smith has already submitted his report, which has two parts, to Attorney General Merrick Garland. Garland decided not to release the second part of the report, which deals with Trump’s documents case, due to ongoing proceedings involving Trump’s co-defendants. A federal judge has stopped the DOJ from releasing the report until further court decisions are made.
Trump, no longer directly involved in the case, filed a brief arguing that Garland cannot release a report from an unconstitutionally appointed special counsel. His attorneys claimed that releasing the report now would violate the Presidential Transition Act and would unfairly impact the executive power as well, calling it an infringement on the transition process.
Experts expressed that while transparency is important, it should not sacrifice justice. There are concerns about the rushed release of the report and its potential implications as Trump's sentencing hearing approaches. Former officials emphasized that it is unacceptable for a single county prosecutor to damage a president's reputation and affect their ability to govern.
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