Judge Aileen Cannon blocked the public release of Jack Smith's classified documents report in January 2025, kept it sealed through 11th Circuit pressure for urgency, and set a February 24, 2026 deadline to lift the injunction — a deadline Trump's own Justice Department is now working to extend
Jack Smith submitted his two-volume final report to Attorney General Merrick Garland on Jan. 7, 2025, 13 days before Trump's inauguration. Volume 1 — the Jan. 6 election interference investigation — was released publicly after Trump's lawyers lost a last-minute suppression effort before the 11th Circuit. Volume 2 — the Mar-a-Lago classified documents investigation — was sealed the day after Trump's inauguration, on Jan. 21, 2025, when Cannon issued an injunction preventing the DOJ from releasing it outside the department.
The injunction came at the request of Trump, Walt Nauta, and Carlos De Oliveira — the three defendants in the case Cannon had already dismissed in July 2024. She had a jurisdictional hook at the time: a pending appeal of her own dismissal. The Trump DOJ subsequently dropped that appeal in early 2025, eliminating that rationale. Cannon kept the injunction anyway.
Essential concepts and terms to understand this topic
Federal law enforcement agency responsible for legal prosecution
Independent prosecutor appointed by the Department of Justice to investigate high-ranking government officials.
Constitutional protection that federal judges serve for life and their salaries cannot be reduced while in office.
The principle that government officials and institutions must answer for their actions.
U.S. District Judge, Southern District of Florida (Trump appointee, confirmed Nov. 12, 2020 — five days after the 2020 election was called for Biden)
Issued the Jan. 21, 2025 injunction blocking Volume 2. Ignored the Knight Institute's intervention motion for 218 days. After the 11th Circuit's mandamus order, denied the transparency groups' motions on Dec. 23, 2025. Then set a Feb. 24, 2026 expiration date while explicitly inviting Trump to seek permanent suppression — creating what American Oversight called a roadmap for burying the report through procedural delay. Her jurisdiction over the dismissed, closed case is itself legally disputed.
Former Special Counsel, Office of Special Counsel (2022-2025)
Submitted the two-volume final report on Jan. 7, 2025. Volume 2's findings on classified documents — including conclusions about witness testimony, obstruction, and declassification claims — remain sealed. In December 2025 closed testimony before the House Judiciary Committee, Smith said he found 'proof beyond a reasonable doubt' that Trump attempted to overturn the 2020 election and 'powerful evidence' of willful classified document retention after leaving office.
FBI Director (confirmed Feb. 20, 2025); former Trump national security aide
Invoked the Fifth Amendment before the Mar-a-Lago grand jury, then received immunity and testified in November 2022. His specific subject: his public claim that Trump declassified all documents before leaving office — a claim multiple Trump national security officials said was false. Volume 2 contains Smith's conclusions about what Patel said under oath. He was confirmed as FBI director while the Senate Judiciary Committee's request to see those sections was denied and the report remained sealed.
Former co-defendants; Trump's valet and Mar-a-Lago property manager
Charged with obstruction for moving document boxes and deleting security footage. Both cases were dropped in early 2025 after Trump won re-election. After Trump's election, they asked Cannon to extend the injunction — then escalated dramatically in February 2026 by asking Cannon to order all copies of Volume 2 destroyed entirely, so the public would never see Smith's findings about their conduct and Trump's.
Attorney General of the United States
Led the DOJ's reversal of the Biden-era position. Where Biden's DOJ had sought Volume 2's release, Bondi's DOJ filed papers in early 2026 supporting permanent suppression — asking that the report be permanently consigned to history. The move placed the full resources of the Justice Department on the side of the president whose conduct the report investigated, in a case where no trial is pending and no defendant faces charges.
Executive Director, American Oversight
Most visible public voice demanding Volume 2's release. After Cannon's December ruling: 'This court continues its troubling pattern of elevating secrecy over common sense to protect the president. Donald Trump personally stepped in. Even then, the decision was structured to give him exactly what he wanted: time, leverage, and a roadmap for keeping this report buried.' American Oversight filed parallel FOIA lawsuits in D.C. and New York and is appealing to the 11th Circuit.
Senior Counsel and Executive Director, Knight First Amendment Institute at Columbia University
Filed the Knight Institute's intervention motion in Cannon's court in February 2025, which she ignored for 218 days. After the 11th Circuit's mandamus order, Wilkens said publicly there was 'no legitimate reason for the court's months-long delay.' After Cannon denied intervention, filed a new 11th Circuit brief arguing she lacks jurisdiction to order the report's destruction because the case is already on appeal.
U.S. Senators; members of the Senate Judiciary Committee
Sent a formal letter to Acting AG James McHenry on Jan. 29, 2025 — before Patel's confirmation vote — requesting access to all sections of Volume 2 relating to Patel's grand jury testimony. Cited the Senate's constitutional advice-and-consent authority. The request was not fulfilled. Patel was confirmed as FBI director without the Senate seeing Volume 2.
11th Circuit panel judges (mandamus ruling, Oct. 31, 2025)
The three-judge panel that issued the mandamus order calling out Cannon's 'undue delay' and giving her 60 days to rule. Pryor is an Obama appointee, Abudu is a Biden appointee, Grant is a Trump appointee — making it a bipartisan rebuke. Grant also co-authored the unanimous 2022 reversal of Cannon's special master ruling, signaling continuity of appellate skepticism about her handling of Trump-related cases.
True
Volume 1 of Smith's report was released publicly; Volume 2 has never been released.
Volume 1 was released publicly in January 2025. Volume 2 has never been released and has not left Cannon's chambers since her Jan. 21, 2025 injunction. Law & Crime confirmed this as of February 2026 [1].
True
Kash Patel invoked the Fifth Amendment and was then granted immunity to testify before the Mar-a-Lago grand jury.
Senate Judiciary Democrats' Jan. 29, 2025 letter confirms Patel invoked the Fifth Amendment, then prosecutors granted him immunity and he testified in November 2022. The subject was his claim that Trump had declassified documents [1].
True
The Trump DOJ reversed the Biden DOJ's position and supports permanent suppression of Volume 2.
The Knight Institute confirmed in its 11th Circuit brief that the United States — the nominally adverse party — is now aligned with all three former defendants in seeking to suppress the report. American Oversight confirmed the DOJ asked that the report be permanently consigned to history [1].
True
Nauta and De Oliveira asked Cannon to order all copies of the report destroyed.
The Knight Institute's 11th Circuit brief stated that two former defendants sought to have the report destroyed so the public will never access the Special Counsel's findings. The Knight Institute separately filed a motion telling Cannon she lacks jurisdiction to order destruction because the case is already on appeal [1].
True
The 11th Circuit issued a mandamus order calling out Cannon's 'undue delay' in the report case.
American Oversight confirmed the 11th Circuit issued a mandamus order on Oct. 31, 2025, after the Knight Institute petitioned the court following Cannon's 218-day delay. The bipartisan three-judge panel directed her to rule within 60 days [1].
True
Jack Smith told the House Judiciary Committee he found proof beyond a reasonable doubt that Trump unlawfully tried to overturn the 2020 election.
According to American Oversight's account of Smith's December 2025 closed House Judiciary Committee testimony, Smith said his investigation produced proof beyond a reasonable doubt that Trump unlawfully attempted to overturn the 2020 election and found powerful evidence that Trump willfully retained highly classified documents after leaving office [1].
Contact your senator to demand they ask Kash Patel publicly what he told the grand jury
civic action
The Senate confirmed Patel as FBI director without seeing Volume 2's section on his immunized testimony. Senate Judiciary Committee members have constitutional authority to press Patel in hearings. Citizens can contact their senators and ask them to use it.
Follow and support American Oversight's 11th Circuit appeal and FOIA litigation
legal support
Two legal tracks are running simultaneously: the First Amendment appeal in the 11th Circuit and a parallel FOIA lawsuit in D.C. The 11th Circuit appeal is the faster track but the FOIA case provides a separate avenue if the appeal stalls. Citizens can follow both cases and support the organizations financially — public interest litigation is expensive.
Understand the First Amendment right of access to judicial records
civic action
The legal basis for demanding Volume 2's release is the First Amendment and common law right of access to judicial records — established in Nixon v. Warner Communications (1978) and Press-Enterprise Co. v. Superior Court (1986). This right applies to records submitted in connection with court proceedings. Understanding it lets citizens evaluate what courts can legitimately seal and why the public has a legal — not just political — claim to this document.