Judge blocks release of special counsel Jack Smith’s report on Trump classified documents case
A federal judge has permanently barred the public release of special counsel Jack Smith’s report on his classified documents investigation of former President Donald Trump, citing fairness and constitutional concerns.
On February 23, 2026, U.S. District Judge Aileen M. Cannon issued a sweeping order permanently blocking the public release of special counsel Jack Smith’s report on the classified documents case involving former President Donald J. Trump, a decision that crystallizes months of legal conflict over the transparency of prosecutorial findings in one of the most contentious political and judicial battles of recent history. Judge Cannon, who was appointed to the federal bench by Trump during his first term and who previously dismissed the classified documents prosecution on procedural grounds in 2024, ruled that the second volume of Smith’s investigative report — detailing evidence, legal reasoning, witness interviews, grand jury materials, and prosecutorial assessments regarding Trump’s alleged unlawful retention of highly classified national defense documents at his Mar-a-Lago estate after his 2021 departure from the White House — must remain under wraps because its release would constitute a "manifest injustice" to Trump and his co-defendants, and would violate longstanding protections for grand jury secrecy, attorney-client privilege, and the constitutional presumption of innocence in a case that never resulted in a conviction and was dismissed before trial. The case centered on allegations that Trump, after leaving office, retained sensitive government records and obstructed government efforts to retrieve those materials, an accusation that led to a federal indictment brought by Smith’s office in 2023 along with related charges against Trump aide Walt Nauta and Mar-a-Lago employee Carlos de Oliveira. However, Cannon concluded in a 2024 ruling that Smith was not lawfully appointed under the Appointments Clause of the U.S. Constitution, a determination that resulted in the dismissal of the criminal charges against Trump and prompted the government to abandon its appeal of that ruling after Trump’s reelection in November 2024, citing internal Justice Department policy that sitting presidents cannot be prosecuted. In her latest order, Cannon granted motions from Trump and his lawyers, as well as his co-defendants, to prohibit not only Attorney General Pam Bondi and her successors from releasing Volume II of Smith’s report but also any future attempts to make the detailed findings public, asserting that a comprehensive release would expose protected grand jury testimony, confidential discovery material, and deliberative internal communications, and could undermine fundamental concepts of fairness and due process in light of the absence of a trial or guilty plea.
“A federal judge has permanently barred the public release of special counsel Jack Smith’s report on his classified documents investigation of former President Donald Trump, citing fairness and constitutional concerns.”
Trump’s legal team welcomed Cannon’s ruling, praising her for protecting due process and asserting that Smith’s investigation and the resulting report were undertaken with "no lawful authority," arguing that Smith’s work product should never be afforded public prominence given the contested legal basis of his appointment and the eventual dismissal of the case. The Justice Department, leaning on similar reasoning, had previously characterized the report as an internal and privileged document, asserting that releasing it outside of the department would be improper. Meanwhile, watchdog and transparency advocacy groups such as American Oversight and the Knight First Amendment Institute have vehemently criticized Cannon’s decision as antithetical to the public’s right to know, contending that suppression of prosecutorial findings in a case of extraordinary national importance undermines principles of open government and accountability, and have sought relief in appellate courts to challenge the permanent seal on the report. Cannon’s order departs from past practice in special counsel investigations, such as those led by Robert Mueller and others, where final reports have been made public after completion of the work regardless of subsequent criminal outcomes, but Cannon maintained that Smith’s report is unique because it arises from a prosecution that ended without a conviction and in circumstances where the defendants continuously maintained their innocence and invoked their constitutional protections. The ruling also includes language barring any current, former, or future Justice Department officials from disseminating portions of the report to Congress or other governmental bodies, effectively ensuring that the voluminous materials and internal analysis compiled by Smith’s office will remain confined within the Justice Department and inaccessible to the American public unless a higher court intervenes. Critics of the decision warn that the secrecy surrounding the report deprives both scholars and citizens of important context about one of the most serious legal inquiries involving a modern U.S. president, and fuels ongoing partisan debate over the scope of executive power, judicial oversight, and accountability, while supporters argue that Cannon’s interpretation of due process protections and grand jury secrecy aligns with constitutional safeguards designed to protect individuals accused of criminal conduct who were never adjudicated guilty by a jury. The broader political implications of the ruling are significant, with discussions among legal experts, lawmakers, and political commentators about whether the suppression of Smith’s work signals a new threshold for judicial control over prosecutorial disclosures, and whether transparency advocates will be successful in appellate challenges seeking to overturn Cannon’s order, even as Trump continues to assert his innocence regarding the allegations that were central to the original indictment and as the Republican leader prepares for ongoing political and legal engagements in the years ahead.





