A federal appeals court said Thursday it will not prevent the Justice Department from releasing special counsel Jack Smith's reports on two now-closed investigations into President-elect Donald J. Trump. .
In a short, unsigned order, the 11th Circuit Court of Appeals in Atlanta rejected an emergency request from Trump's lawyers to block the report's release.
However, this order does not necessarily mean that the report will be made public immediately.
Both sections of Smith's two-volume report remain in place for now under a restraining order issued this week by a lower court judge in Florida, temporarily blocking their release.
The Justice Department has already announced that it will withhold material related to a Florida case in which Trump was accused of mishandling classified documents after leaving office.
But the department said it wanted to release a separate volume detailing Smith's decisions in a lawsuit he filed in Washington accusing Trump of trying to overturn the 2020 election.
In an order Thursday night, the appeals court left the injunction in place but said the Justice Department could pursue further action on appeal. Still, the restraining order issued by Judge Eileen M. Cannon, who oversaw the classified documents case, is scheduled to last only three more days.
Once that deadline expires, Attorney General Merrick B. Garland could move forward with plans to release the portion of Mr. Smith's report that deals with election interference cases.
In the meantime, Trump's lawyers could seek to further block or delay the report's release by asking the Supreme Court to intervene.
After Trump won the 2024 presidential election, Smith was forced to drop both criminal cases. This is because of the Justice Department's policy that sitting presidents should enjoy temporary immunity from prosecution while in office.
While this means Trump has already largely won the legal battle, the final standoff is over whether the public will see Smith's report on the findings and prosecutorial decisions. Department regulations require that information be provided to Mr. Garland.
The Justice Department said Garland would not release material related to the classified documents case because charges against two of Trump's co-defendants are still pending. Prosecutors acknowledged that broadcasting the special prosecutor's decision-making in the case would be unfair to the men because it could affect their right to a fair trial.
It is widely seen that the new administration is likely to end the case altogether, either by pardoning the co-defendants or simply dropping the case. But it will be up to Trump's appointees to release those parts of the report that Trump's legal team has kept hidden.
