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"If the DOJ is so confident in Trump's conduct, why are they desperate" to hide former special counsel Jack Smith's report, wondered Democrats on the House Judiciary Committee.
Democrats on the US mHouse Judiciary Committee on Wednesday demanded that President Donald Trump's Department of Justice "stop the cover-up" of former special counsel Jack Smith's full investigation into Trump's retention of classified documents following his first term, after new material sent to the panel revealed that some documents were stolen to advance the president's business interests.
Ranking Member Jamie Raskin (D-Md.) wrote to Attorney General Pam Bondi about "cherry-picked documents" related to Smith's investigations into Trump's taking of classified documents, which he stored at his Mar-a-Lago estate in Florida and his golf course in Bedminster, New Jersey.
The DOJ has regularly produced documents for the Judiciary Committee as Chairman Jim Jordan (R-Ohio) has sought to portray Smith as having a partisan vendetta against the president, said Raskin. Smith led investigations into Trump's hoarding of classified documents and his efforts to overturn the 2020 election results during the Biden administration. Last month US District Judge Aileen Cannon, a Trump appointee, permanently blocked the release of Smith's final report on the documents case.
Raskin wrote Wednesday that even as Jordan has embarked on a "vindictive campaign" against Smith and has sought a narrow selection of material from the DOJ, Bondi had "quite amazingly missed the fact that some of the documents you provided include damning evidence about your boss’s conduct and may well violate the gag order your DOJ and Donald Trump demanded from Judge Aileen Cannon."
Those documents include a January 13, 2023 memorandum from prosecutors who said the FBI had determined Trump retained documents that "would be pertinent to certain business interests.” The documents "established a motive for retaining them" that related to Trump's businesses.
Trump and his family have garnered condemnation for profiting off the presidency, with the family raking in more than $5 billion in cryptocurrency profits since he took office for a second time, and Trump's two eldest sons investing in a drone company that is vying for Pentagon contracts as the president wages war on Iran.
The prosecutors' memo also says the retention of some of the documents represented "an aggravated potential harm to national security," with one "particularly sensitive document" accessible only by an estimated six people in the US government, including the president, before he took it to his private property.
Additionally, the memo says prosecutors had "identified a classified map that we believe Trump may have shown to individuals on board” his private airplane in June 2022. Susie Wiles, the CEO of Trump's super political action committee and now the White House chief of staff, "was aboard and witnessed this event. Raskin's letter includes a flight manifest listing 14 people who were aboard Trump's private plane when he allegedly showed the classified map, but all of the names were redacted.
Raskin emphasized that without access to the second volume of Smith's final report, the Judiciary Committee cannot confirm what the classified map shows, the relationship between his business interest and the classified documents, or what the especially sensitive material is.
The congressman noted that some facts are known about Trump's activities around the time that he allegedly showed the classified map:
We do know that around the time of this flight to Bedminster, President Trump was entering into partnerships with Saudi-backed LIV Golf and state-linked real estate firm Dar al Arkan. A month after this flight, in July 2022, President Trump played golf at Bedminster with Yasir al-Rumayyan, head of the sovereign wealth fund of Saudi Arabia—the same official who plied the Trump family with tens of millions of dollars as the family began to run out of money between terms... We also know that there are reports that Donald Trump, at one point while on the phone with his ghostwriter, “made a reference to having classified records relating to the bombing of Iran.” He also reportedly boasted that it was only the hawks who wanted to attack Iran, not him, and that he had Pentagon war plans “done by the military and given to me” about such a potential attack.
"If this map is related to our military posture in the Middle East, and it was in fact shown to any foreign official, Saudi or otherwise, that would amount to an unforgivable betrayal of our men and women in uniform who are currently valiantly fighting in President Trump’s disastrous war against Iran," wrote Raskin.
"It is now clear that DOJ is in possession of evidence that President Trump has already endangered national security to further the interests of Trump family businesses," he wrote. "It is time for you to stop the cover-up and allow the American people to know what secrets he betrayed and how he may have cashed in on them."
Raskin demanded information from the DOJ regarding who accessed the classified materials, whether any foreign actors were given access, and what the documents contain.
“Every new detail that comes to light about the report Judge Cannon has gone to great lengths to keep hidden underscores the same basic truth: The public is being denied access to critical information about one of the most serious national security scandals in American history,” said Chioma Chukwu, executive director of the government watchdog American Oversight. “While fragments of the factual record have seen the light of day, the full report remains under seal because Judge Cannon has prioritized the president’s personal interests over transparency. The public has a right to see special counsel Smith’s findings in full. Blocking the report’s release only serves to protect those in power and prevent accountability.”
After Raskin's letter was released, the DOJ took the social media to accuse him and Smith of being "blinded by hatred of President Trump" and pronounce the department "the most transparent in history."
"This letter is nothing more than a cheap political stunt, almost as if taking cues from members of the corrupt Jack Smith prosecution team," said the DOJ.
The House Judiciary Committee Democrats retorted that the administration "is doing legal gymnastics to prevent the American people from ever seeing special counsel Jack Smith's full report on how Trump stole classified documents to advance his corrupt business interests."
"If the DOJ is so confident in Trump's conduct, why are they desperate to keep Smith's report under lock and key?" they asked. "Stop the cover-up, release the evidence, and let the American people decide for ourselves."
"President Trump was charged because the evidence established that he willfully broke the law, the very laws he took an oath to uphold."
Former special counsel Jack Smith on Thursday defended his decision to bring criminal charges against President Donald Trump, while also expressing deep concerns about the rule of law in the US during the second Trump administration.
During testimony before the US House Judiciary Committee, Smith emphasized that he decided to prosecute Trump solely because the facts in the case showed he had committed crimes.
"President Trump was charged because the evidence established that he willfully broke the law, the very laws he took an oath to uphold," said Smith. "Grand juries in two separate districts reached this conclusion based on his actions as alleged in the indictments they returned."
Smith then said that after losing the US presidential election in 2020, Trump "engaged in a criminal scheme to overturn the results and prevent the lawful transfer of power."
The former special counsel emphasized that he stood by his decisions to bring charges against Trump because "our investigation developed proof beyond a reasonable doubt that President Trump engaged in criminal activity."
Smith told lawmakers on the committee that he had uncovered evidence that Trump knew his claims about the 2020 election being stolen were false, but he pushed them anyway in order to illegally remain in the White House.
"Trump was not looking for honest answers about whether there was fraud in the election," said Smith. "He was looking for ways to stay in power. And when people told him things that conflicted with him staying in power, he rejected them."
In addition to discussing his criminal cases against the president, which were dismissed without prejudice after the 2024 presidential election, Smith also delivered a warning about Trump's campaign of retribution against his enemies.
"President Trump has sought to seek revenge against career prosecutors, FBI agents, and support staff simply for having done these cases," he said. "Vilifying and seeking retribution against these people is wrong. Those dedicated public servants are the base of us, and it has been a privilege to serve with them."
Smith then pivoted to warning about the state of the rule of law in general during Trump's second term.
"My fear is that we have seen the rule of law function in our country for so long that many of us have come to take it for granted," he said. "The rule of law is not self-executing. It depends on our collective commitment to apply it. It requires dedicated service on behalf of others, especially when that service is difficult and comes with costs. Our willingness to pay those costs is what tests and defines our commitment to the rule of law and to this wonderful country."
Smith's testimony earned praise from Rep. Jamie Raskin (D-Md.), the ranking member of the House Judiciary Committee.
"Special Counsel Smith, you pursued the facts," Raskin said. "You followed every applicable law... Your decisions were reviewed by the Public Integrity Section. You acted based solely on the facts."
The Maryland Democrat said that Smith's approach to enforcing the law was in stark contrast to the approach the US Department of Justice (DOJ) has taken during Trump's second term.
"The opposite of Donald Trump, who now has purported to take over the Department of Justice," Raskin said. "He’s in charge of the whole thing under his unitary executive theory, and he acts openly, purely based on political vendetta and motives of personal revenge. And he doesn’t deny it."
As Smith was testifying, Trump called Smith a "deranged animal" and put direct pressure the DOJ to punish the former special counsel.
"Hopefully the Attorney General is looking at what he’s done, including some of the crooked and corrupt witnesses that he was attempting to use in his case against me," Trump wrote on Truth Social. "The whole thing was a Democrat SCAM — A big price should be paid by them for what they have put our Country through!"
On Tuesday, Trump filed a motion asking the US District Court of the Southern District of Florida to prohibit the DOJ from carrying out a planned future release of Smith's report on his case against Trump that involved the unlawful retention of top-secret government documents at his Mar-a-Lago resort after he left the White House in 2021.
Lisa Gilbert, co-president of Public Citizen, linked the timing of Thursday's hearing with Smith to the potential release of his report on the classified documents case.
" Republicans are only now allowing this hearing simply because Judge Cannon’s injunction keeping the second volume of Jack Smith’s report private is about to expire," she said. "Keeping the truth locked away is an assault on the rule of law and on the transparency owed to the American people."
"Does he want the Smith report to be locked up with the Epstein files?"
As his administration continues dragging its feet in releasing the Epstein files, President Donald Trump is pushing to keep another potentially damning set of Justice Department documents hidden from the public.
On Tuesday, Trump filed a 19-page motion requesting that the US District Court of the Southern District of Florida step in to prohibit the DOJ’s planned release of Volume II of the final report prepared by former Special Counsel Jack Smith next month. The volume relates to the president’s handling of classified documents after leaving office in 2021.
Trump was indicted by a grand jury for 37 felony counts following Smith's investigation, 31 of which involved violations of the Espionage Act, after transporting "scores of boxes" full of classified materials, including top-level military and intelligence secrets, to his home at Mar-a-Lago and showing them off to people without security clearances.
But Smith ultimately dropped the case in November 2024 after it became clear that Trump's reelection would shield him from legal liability.
It's strange for the President of the United States to be litigating in his personal capacity against the Justice Department he runs — but he's seeking an order barring "current, former and future" DOJ officials from releasing Jack Smith's second volume. storage.courtlistener.com/recap/gov.us...
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— Kyle Cheney (@kyledcheney.bsky.social) January 20, 2026 at 6:38 PM
On January 7, 2025, just days before Trump reassumed office, the DOJ released Volume I of Smith's report, which pertained to Trump's attempts to overturn his loss in the 2020 election by spreading false claims of widespread voter fraud, which culminated in the attack on the US Capitol building by a mob of his supporters on January 6, 2021.
Though Trump's indictment in that case was also dropped following his reelection, the report was released under DOJ rules requiring public disclosure of all investigative reports after cases conclude.
That report described Trump as having undertaken an “unprecedented criminal effort to overturn the legitimate results of the election in order to retain power,” a scheme in which he knowingly spread information casting doubt on the election result even after his own staff confirmed it to be false and he acknowledged his loss in private.
Unlike the election case, the classified documents case was dismissed in July 2024 by the Trump-appointed federal judge Aileen Cannon of the same district court, who ruled that Smith's appointment as special counsel was unlawful.
Cannon also issued an injunction blocking the release of the report to Congress, but only until February 24, 2026, so as not to prejudice the legal proceedings against Trump's co-defendants, former aide Walt Nauta and Mar-a-Lago employee Carlos De Oliveira, who were accused of helping him illegally stash documents and hide them from investigators.
Citing her previous ruling, Trump is now asking Cannon to permanently block the report, claiming that, because of her ruling against Smith, "all acts undertaken" by him, including the creation and release of the report, are "void."
Not only does he seek to prohibit the "current" DOJ from releasing it, but also "former and future" DOJ officials from ever releasing it, as it would result in the "public dissemination of sensitive grand jury materials, attorney-client privileged information, and other informationderived from protected discovery materials, raising significant statutory, due process, and privacy concerns for President Trump and his former co-defendants."
Trump's request to permanently spike the report immediately drew comparisons to the Epstein files, which remain almost entirely unreleased by the DOJ nearly a month after the deadline mandated by law, which was signed by Trump himself after being passed in November.
For over a year, efforts to halt the release of Smith's report have fueled concerns of a cover-up and raised questions about whether Cannon has any authority to issue rulings at all, since the case has been dismissed.
In a piece for MS NOW (then MSNBC) last year, after the first report was released, legal analyst Glenn Kirschner warned that if the second one were buried in perpetuity, it could allow Trump to escape legal consequences after his term is up.
"If there is no disclosure of Volume II to members of Congress, what might a Trump-led DOJ do to the evidence?" he asked. "Might it be destroyed in an attempt to make sure Trump is never held to account for the classified documents crimes? Recall that the documents case was dismissed without prejudice, which means the case could theoretically be refiled once Trump leaves office."
His colleague, former US Attorney Joyce Vance, noted the peculiarity of Cannon's assertion of authority in a case that had already been dismissed.
"The strangest thing about this entire proceeding is that Judge Cannon continues to issue orders when there is no case pending in front of her," she said. "That’s not how a court’s jurisdiction is supposed to work.”
After appearing at a closed-door deposition last month as part of an inquiry launched by Republicans, Smith is scheduled to testify publicly before the House Judiciary Committee on Thursday at 10 am ET.
Smith's lawyer, Lanny Breuer, told the Associated Press earlier this month that "Jack has been clear for months he is ready and willing to answer questions in a public hearing about his investigations into President Trump's alleged unlawful efforts to overturn the 2020 election and his mishandling of classified documents."