Jan. 7 (UPI) — Co-defendants in Donald Trump‘s since-dismissed classified documents case are calling on a federal judge to bar Special Counsel Jack Smith from releasing his so-called Final Report on his investigation.
In an emergency motion filed Monday, lawyers for Walt Nauta and Carlos De Oliveira asked Judge Aileen Cannon to prevent Smith from issuing the Final Report on the grounds that it will irreparably harm their clients.
The lawyers argue that release of the report to the public is “highly improper” after Cannon ruled last summer to dismiss the classified documents case against Trump, finding Smith’s appointment violated the Appointments Clause of the Constitution.
“The time has come to put an end to this weaponization of the justice system and move forward constructively,” the Monday filing stated. “No report should be prepared or released and Smith should be removed.”
Trump was facing 37 felony charges for the alleged retention of classified documents from his first term in office. The FBI had secured the documents in an August 2022 raid of the former president’s Mar-a-Lago golf club resort residence in Florida.
Nauta, who worked for Trump, was accused of helping his boss hide the classified documents from investigators. De Oliveira, the property manager for the Florida residence, was accused of trying to delete security footage that investigators wanted.
In the emergency filing on Monday, lawyers for Nauta and Oliveira argued immediate relief for their client was necessary as release of the Smith’s report was imminent.
“The Final Report promises to be a one-sided, slanted report, relying nearly exclusively on evidence presented to a grand jury and subject to all requisite protections — and which is known to Smith only as a result of his unconstitutional appointment — in order to serve a singular purpose: convincing the public that everyone Smith charged is guilty of the crimes charged,” the Monday court filing said.
“The Final Report is meant to serve as a Government verdict against the Defendants contrary to all criminal justice norms and constitutional guideposts.”