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Until Cannon’s intervention Tuesday, the question of what was publicly released from the report was up to Attorney General Merrick Garland. But Cannon’s order prevents Smith and the Justice Department from moving forward with publishing the report until the 11th US Circuit Court of Appeals has time to review an emergency motion filed there by Trump’s former co-defendants seeking to block the report’s release.

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Cannon’s brief order did not distinguish between the two volumes said to be in the report — one dealing with the classified documents probe and the other covering Smith’s investigation into 2020 election interference.

In court filings earlier Tuesday, Trump’s lawyers said the arguments against publication of the report applied to both volumes, while pointing to the overlap in evidence.

Garland has told Congress he plans to provide lawmakers with the report, allowing for redactions required under Justice Department policy. That would mean the DOJ would likely redact portions of the report related to the two co-defendants since the department is seeking to continue those cases and is prohibited from prejudicing their potential trials.

In an overnight court filing, Smith’s office laid out more of the timeline on the planned finalization of the report. The special counsel’s office said it would not hand the report over to the attorney general until Tuesday afternoon at the earliest, and that the soonest the attorney general would release it publicly was Friday morning.

“The Attorney General has not yet determined how to handle the report volume pertaining to this case, about which the parties were conferring at the time the defendants filed the motion,” Smith’s team wrote. The special counsel’s office indicated the report would have two volumes: likely one related to the documents case and another related to the separate January 6, 2021-related federal charges against Trump.

Federal regulations guiding the special counsel’s office work at the Justice Department put decisions about the release of reports like these in the hands of the attorney general.

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Pointing to the possibility that the criminal prosecution against them could be revived, Nauta and De Oliveira argued in court filings Monday that the release of the report would “irreversibly and irredeemably” prejudice them as defendants. They also noted the protective order limiting what they can say about the discovery the government has provided them remains in place.

Because the defendants are “strictly precluded form refuting the Report,” releasing it would make it “even more unfairly prejudicial,” they said.

“The Final Report is meant to serve as a Government verdict against the Defendants contrary to all criminal justice norms and constitutional guideposts,” they argued to the judge.

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“I defeated deranged Jack Smith. He’s a deranged individual. I guess he’s on his way back to The Hague,” Trump said, referring to Smith’s background prosecuting war crimes. “And we won those cases. Those were the biggest ones. And the press made such a big deal out of them. But we did nothing wrong.”

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In a letter to Garland made public with the filings, the Trump team seized on past Justice Department assertions that a sitting president cannot be subject to criminal prosecutions. They also noted Smith himself acknowledged that principle in seeking the dismissal of the prosecutions he brought against Trump. The letter to Garland also made reference to the Supreme Court’s Julypresidential immunity ruling, which established a very high bar for when official acts by a president can be prosecuted.

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Under the current regime of special counsel regulations, Trump’s lawyers claimed to Garland, the “DOJ has not released a single Special Counsel report concerning any individual who has mounted a successful defense in court, as President Trump has done with respect to Presidential immunity.”

It has also been department policy and practice to redact information in special counsel reports that pertain to ongoing DOJ cases. In past investigations, such as the Mueller probe, that has manifested in just a handful of sentences being redacted amid hundreds of pages. But the charges against Nauta and De Oliveira were deeply intertwined with the allegations against Trump, making it possible that much of that volume of the report would need to be hidden from public view.

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