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Special counsel Jack Smith is handing over a comprehensive report on his twin criminal cases against Donald Trump to Attorney General Merrick Garland Tuesday — as the president-elect’s attorneys make an 11th-hour bid to block the release of what they call “false and discredited accusations.”

Smith’s indictments against Trump, 78, for allegedly trying to illegally overturn election results in 2020 and harboring national security files at his Mar-a-Lago estate have already been dismissed.

But the special counsel revealed in a federal court filing in West Palm Beach, Fla., that he will be making the details of both prosecutions available to Garland sometime after 1 p.m. Tuesday.


  Donald Trump’s lawyers are demanding Attorney General Merrick Garland block the release of special counsel Jack Smith’s “Final Report.” REUTERS Donald Trump’s lawyers are demanding Attorney General Merrick Garland block the release of special counsel Jack Smith’s “Final Report.” REUTERS

The attorney general will then have to decide whether to release the contents of the final report to the public.

That decision won’t be made before 10 a.m. ET on Friday, according to Smith’s filing.

In February 2024, the AG disclosed special counsel Robert Hur’s full report on Biden hoarding sensitive papers from his years as a senator and vice president.

The 388-page Hur report found that the 82-year-old commander-in-chief “willfully retained and disclosed classified materials,” but would not face any federal charges — in part because a jury would likely view Biden as a “sympathetic, well-meaning, elderly man with a poor memory” if he were to face trial.

Trump’s lawyers are still demanding that Garland block the release of Smith’s final report — arguing it contains “false and discredited accusations” tied to the incoming president.


  Trump’s legal team wrote to Merrick Garland on Monday urging him to “terminate all efforts toward the preparation and release of this report,” according to court filings. AFP via Getty Images Trump’s legal team wrote to Merrick Garland on Monday urging him to “terminate all efforts toward the preparation and release of this report,” according to court filings. AFP via Getty Images

The attorneys, who are still representing Trump co-defendants tied to the documents case, wrote to Garland on Monday as part of a last-ditch effort to prevent any information tied to Smith’s two dismissed criminal cases against Trump from being made public, court filings show.  

“As you know, Courts in Florida and the District of Columbia have now dismissed both of Jack Smith’s failed cases against President Trump,” attorneys Todd Blanche and John Lauro wrote after reviewing the two-volume report over the weekend.

“Rather than acknowledging, as he must, President Trump’s complete exoneration, Smith now seeks to disseminate an extrajudicial ‘Final Report’ to perpetuate his false and discredited accusations.”


  Trump’s lawyers argue that Jack Smith’s “Final Report” contains “false and discredited accusations” tied to the president-elect. AFP via Getty Images Trump’s lawyers argue that Jack Smith’s “Final Report” contains “false and discredited accusations” tied to the president-elect. AFP via Getty Images

The attorneys also blasted the document as a “lawless political stunt,” citing US District Judge Aileen M. Cannon’s previous decision to dismiss Trump’s confidential documents case after she ruled Smith was unlawfully appointed.

“The release of any confidential report prepared by this out-of-control private citizen unconstitutionally posing as a prosecutor would be nothing more than a lawless political stunt, designed to politically harm President Trump and justify the huge sums of taxpayer money Smith unconstitutionally spent on his failed and dismissed cases,” the letter reads.

Cannon threw out the classified documents case last July after ruling that Smith had been appointed by Garland — and his prosecution paid for by the US government — without congressional authorization.

But co-defendants Walt Nauta, the once and future president’s valet, and Carlos De Oliveira, an employee at Trump’s Palm Beach, Fla., resort, remain on the docket.

Both were indicted alongside Trump for allegedly concealing classified documents from the Justice Department, which was demanding the return of several files in response to a request from the National Archives.

Smith’s case against Trump in Washington, DC, for alleged election interference efforts was dismissed by a federal judge just weeks after the 45th president won the Nov. 5 general election.

On Monday, Trump took a victory lap over the indictments having been dismissed — and even joked that Smith, a former prosecutor on an international tribunal, could now return “to the Hague where he can execute people.”

“He shouldn’t be allowed to execute anybody. His judgment is so bad and so evil. But he’s a bad person. I call him Deranged Jack Smith,” the president-elect told conservative radio host Hugh Hewitt in an interview.

Garland has already told Congress he plans to provide lawmakers with a redacted copy of Smith’s complete findings in his probes.

“Releasing Smith’s report is obviously not in the public interest — particularly in light of President Trump’s commanding victory in the election and the sensitive nature of the ongoing transition process,” the president-elect’s attorneys argued.

They added, too, that the report’s release would interfere with the ongoing transition process.

“Accordingly, because Smith has proposed an unlawful course of action, you must countermand his plan and remove him promptly,” they wrote.

“If Smith is not removed, then the handling of his report should be deferred to President Trump’s incoming attorney general, consistent with the expressed will of the People.”

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