Knight Institute Urges Eleventh Circuit to Reverse District Court Order Barring Release of Special Counsel Jack Smith’s Report
United States v. Trump
A motion to intervene in Trump classified documents case seeking release of Special Counsel’s report.
On February 24, 2025, the Knight Institute filed a motion to intervene asking Judge Aileen Cannon, who presided over the now-abandoned prosecution of President Trump under the Espionage Act, to release Special Counsel Jack Smith’s report about Trump’s mishandling of classified information at Mar-a-Lago. The public has an extraordinary interest in the report, which concerns allegations of grave criminal conduct by the nation’s highest-ranking official.
The Institute’s motion to intervene argues that a redacted copy of the report in the district court’s files should be made public under the First Amendment and common law right of access to judicial documents. The motion also asks the court to lift an injunction prohibiting the Department of Justice from releasing the report, which is blocking a Freedom of Information Act request for the report that the Knight Institute filed with DOJ on January 26, 2025.
On November 3, 2025, the U.S. Court of Appeals for the Eleventh Circuit found that the Institute had established “undue delay” in the district court’s resolution of its motion to intervene. On December 22, 2025, Judge Cannon denied the motion to intervene. The Knight Institute appealed the next day. In February 2026, the Institute filed a second motion to intervene in the district court, arguing that Judge Cannon lacked authority to consider motions filed by President Trump and his co-defendants seeking the permanent suppression of the report. On February 23, Judge Cannon denied the Institute’s second intervention motion and permanently enjoined release of the report. The Institute appealed the denial. The Eleventh Circuit has since consolidated the appeals.
Status: Briefing ongoing on appeal.
Case Information: United States v. Trump, 9:23-cr-80101-AMC (S.D. Fla.), United States v. Knight First Amendment Institute at Columbia University, 25-14507, 26-10674 (11th Cir.).
Eleventh Circuit accelerates review in Trump classified docs fight
Appeals court steps in: The Eleventh Circuit has set a July deadline for briefs in the dispute over releasing Volume II of Jack Smith's classified documents report.
https://www.msn.com/en-ca/news/insight/eleventh-circuit-accelerates-review-in-trump-classified-docs-fight/gm-GM08B51821?gemSnapshotKey=GM08B51821-snapshot-8&uxmode=ruby
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