Special counsel Jack Smith’s team had asked the Eleventh Circuit Court of appeals to overturn Judge Aileen Cannon’s decision blocking the report’s release in favor of Carlos De Oliveira, the property manager of Mar-a-Lago, and Walt Nauta, a Trump aide who was photographed carrying large boxes around the estate. The court agreed with Smith’s side, ruling Thursday that the report could be released after three days.
Lawyers for De Oliveira and Nauta argued that allowing Smith to publish his report was an “improper attempt to remove from the district court the responsibility to oversee and control the flow of information related to a criminal trial over which it presides, and to place that role instead in the hands of the prosecuting authority.”
“The only counsel in this case now claiming urgency is the Attorney General, but the government’s brief does not explain this urgency,” the lawyers wrote. “The Attorney General is an office and not an individual: It will continue in perpetuity. The urgency of political activity is a fake urgency.”
U.S. attorneys said Wednesday that the report would not be made publicly available, but would be accessible to members of the House and Senate Judiciary Committees, which the defense lawyers said could lead to possible leaks. Now, Attorney General Merrick Garland can publicly release the report from Sunday.
De Oliveira pleaded not guilty to allegedly trying to help Trump delete security footage, and Nauta pleaded not guilty to moving the boxes (a tough one, as again, he was photographed).
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