The U.S. Department of Justice (DOJ) has joined forces with the two remaining co-defendants in the Mar-a-Lago documents case, urging the presiding judge to exercise caution regarding the potential release of the second volume of former special counsel Jack Smith’s final report.
In a joint status report filed on Friday, attorneys for the DOJ, Trump valet Waltine Nauta, and Mar-a-Lago property manager Carlos De Oliveira expressed varying views on the matter. However, they shared a common stance against making the report public.
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“The United States understands and appreciates the arguments made by Waltine Nauta and Carlos De Oliveira regarding the prejudice they would suffer if Volume II were to be released,” the filing states. “The United States, Waltine Nauta, and Carlos De Oliveira also agree that under no circumstances should the Court order the release of Volume II of Jack Smith’s confidential Final Report.”
Currently, a court order prohibits the DOJ and the U.S. Attorney General from releasing the second volume beyond the department’s internal records. The filing suggests that the order should remain in place, at least for now.
“The United States, Waltine Nauta, and Carlos De Oliveira further agree that if the Court lifts its Injunction Order, the Court should require the Department of Justice to provide written notice to counsel for Waltine Nauta and counsel for Carlos De Oliveira sixty days prior to releasing a redacted version of Volume II outside the Department of Justice,” the filing continues. This would allow the defendants to seek legal recourse before any potential release.
The first volume of Smith’s report, published in January, primarily focused on the January 6 Capitol attack and efforts to overturn the 2020 election. It contained only two brief mentions of the Mar-a-Lago case, neither implicating Nauta nor De Oliveira. The second volume, however, is said to focus on allegations of mishandling classified documents.
U.S. District Judge Aileen Cannon previously dismissed efforts to release the second volume. Now, as the issue resurfaces, the DOJ insists the report should remain under government control, arguing that neither the attorney general nor a court of competent jurisdiction has mandated its release.
In the event the Court is inclined to lift the Injunction Order, the United States submits the decision to release Volume II to outside the Department of Justice should rest with the sound discretion of the Attorney General of the United States. The United States recognizes that when the Court entered its Injunction Order, Waltine Nauta and Carlos De Oliveira still faced the prospect of criminal trials on the charges contained in the Superseding Indictment. The Court’s Injunction Order was necessary and appropriate. At this juncture, the United States Attorney’s Office for the Southern District of Florida does not intend to revive the charges brought by Special Counsel Smith, and the Attorney General of the United States has not expressed an intent to release Volume II outside the Department of Justice. If the Court is inclined to lift the Injunction Order, it is the Attorney General’s prerogative to determine whether the release of Volume II “would be in the public interest[.]”
“Moreover, this Court has held that Jack Smith’s appointment violated the Appointments Clause of the United States Constitution, and therefore his investigation was invalid,” the filing states. “Finally, the Department of Justice, not the Court, is responsible for redacting any grand jury material in Volume II.”
Nauta and De Oliveira largely align with the DOJ’s position but remind the court that they remain in potential legal jeopardy. They argue that while the attorney general has given no indication of releasing the report, the statute of limitations has not yet expired.
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“They appreciate and do not dispute that the Attorney General has given no indication that she intends to release the Report,” the co-defendants state. “However, the statute of limitations has not yet expired in this matter, and Mr. Nauta and Mr. De Oliveira respectfully request that the Court maintain its supervision over this exceptionally complex case.”
The co-defendants further contend that releasing the second volume would be unjust and could unfairly tarnish their reputations. “To start, permitting the release of the one-sided Report would also amount to an unjust use of court-controlled grand jury processes to effect further disparagement of Mr. Nauta and Mr. De Oliveira,” the filing asserts. “They endured approximately a year-and-a-half of rampant pretrial publicity and vilification.”
Beyond public perception, they argue that releasing the report would violate their due process rights. “The Report should be relegated to the dustbin of history, where it belongs, in order to prevent further unjust prejudice to Mr. Nauta and Mr. De Oliveira,” the filing concludes.
As a result, Nauta and De Oliveira request that Judge Cannon retain jurisdiction over the matter, allowing her to block any Freedom of Information Act requests seeking the report’s release. They argue that continued supervision is necessary to protect their legal interests in what they describe as a “highly publicized and political case.”
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