The release of the special counsel report by the attorney general would severely prejudice the due process rights of the individuals identified in that report, a brief filed late Saturday in a Florida federal court argued. All eyes now rest on Judge Aileen Cannon’s docket to see how she responds to this weekend’s bombshell filing.
The flurry of court filings began exactly one week ago when Waltine Nauta and Carlos De Oliveira filed two emergency motions to enjoin the release of the special counsel’s report. Special Counsel Jack Smith had indicted Nauta, De Oliveira, and Trump in the Southern District of Florida for alleged crimes related to Trump’s retention of classified documents.
Last year, presiding judge Aileen Cannon dismissed the charges, holding Jack Smith was unconstitutionally appointed special counsel and lacked authority to prosecute the alleged crimes. The government appealed Judge Cannon’s dismissal of the indictment to the Eleventh Circuit Court of Appeals, but following Trump’s election, the DOJ dismissed its appeal. However, the DOJ’s appeal remains pending against Nauta and De Oliveira, leaving them in legal jeopardy.
Accordingly, last Monday, the two defendants asked both Judge Cannon and the Eleventh Circuit to enjoin the release of the special counsel report. The Defendants filed two separate — but nearly identical — motions, one in each court, given the uncertainty concerning which court might conclude it had jurisdiction over the matter.
The strange procedural posture of the case and uniqueness of the issues led Judge Cannon to likewise adopt a cautious approach to the motion: Judge Cannon entered a temporary injunction barring release of the special counsel report pending the Eleventh Circuit’s ruling and for three days thereafter, unless the Eleventh Circuit directed otherwise. […]
— Read More: thefederalist.com
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