DOJ tells Mar-a-Lago judge to never release Jack Smith's full report

Left: Then-special counsel Jack Smith speaks to the media about an indictment of then-former President Donald Trump, Aug. 1, 2023, at an office of the Department of Justice in Washington (AP Photo/J. Scott Applewhite, File). Center: U.S. District Judge Aileen Cannon (U.S. District Court for the Southern District of Florida). Right: Donald Trump speaks to members of the media before departing Manhattan criminal court, Monday, May 6, 2024, in New York (AP Photo/Julia Nikhinson, Pool).
The U.S. Department of Justice believes the second volume of former special counsel Jack Smith's final report on his investigations into President Donald Trump should never see the light of day.
In December 2025, U.S. District Judge Aileen Cannon, who was appointed by Trump during his first term, issued two orders related to the long-delayed but still-lingering dispute over the second volume.
In her first order, Cannon flatly denied efforts to intervene lodged by the Knight First Amendment Institute at Columbia University and transparency-focused nonprofit American Oversight. In the second order, however, Cannon acknowledged "any former or current party to this action" may move "for leave to intervene, if warranted, and/or from timely seeking appropriate relief before that deadline."
Now, in a relatively terse three-page filing, the U.S. Attorney's Office in Miami says it agrees with Trump and his onetime co-defendants in the Mar-a-Lago documents case that Smith's report should remain secret.
"Jack Smith's investigation was unlawful from its inception," the DOJ's response motion reads. "Smith not only weaponized the Department of Justice against a leading presidential candidate in pursuit of an antidemocratic end, but he did so without legal authority and while targeting constitutionally protected activity. Put simply, Smith's tenure was marked by illegality and impropriety, and under no circumstance should his work product be given the full weight and authority of this Department."
In formal terms, aside from telling the judge they agree with her about the authority – or lack thereof – under which Smith was operating, the DOJ is now saying the second volume of the report is "an internal deliberative communication that is privileged and confidential and should not be released outside the Department of Justice."
The motion goes on to say the DOJ "cannot provide" Cannon "with additional assurance regarding the scope and adequacy" of grand jury materials that appear in Smith's second volume.
"[C]urrent [DOJ] counsel has only secondhand information about the process by which Smith made redactions," the motion continues. "Current [DOJ] counsel was not involved in Smith's investigation, and the [DOJ] does not believe that a line-by-line analysis of Smith's report, and the underlying discovery and grand jury materials, is warranted."
Here, the DOJ makes explicit reference to the court's original order denying the release of the second volume of the Smith report.
While the criminal case against Trump petered out due to Cannon's novel use of the U.S. Constitution's Appointments Clause in July 2024, the case against Waltine Nauta, Trump's valet, and Carlos De Oliveira, the Mar-a-Lago property manager, continued for a while.
In January 2025, Cannon used the then-ongoing prosecutions to justify keeping the second volume under judicial lock and key. Cannon's order also "directed the parties to file a Joint Status Report within thirty days of the conclusion of all appellate proceedings and/or any continued proceedings" at the district court level.
The DOJ's latest filing also reiterates the arguments made in that joint status report – which was eventually filed in March 2025.
From that months-old status report, at length:
The Court should also decline any invitation to conduct an in camera review of the grand jury materials related to this prosecution. The Attorney General has not ordered the release of Volume II, nor has any court of competent jurisdiction ordered the Department of Justice to release Volume II. Unless and until either of those contingencies comes to fruition, it would be premature for the Court to engage in a Rule 6(e) analysis.
Finally, the DOJ's motion ends with a broadside against the entirety of the Mar-a-Lago documents case from inception to the present day.
"Especially when considering the extraordinary unfairness and prejudice that would fall to former defendants President Donald J. Trump, Waltine Nauta, and Carlos De Oliveira, including the release of information over which President Trump has assertions of attorney-client privilege, it is the position of the Attorney General and this Department that release of Volume II is unjustified," the filing concludes. "The illicit product of an unlawful investigation and prosecution belongs in the dustbin of history. The United States will leave it there."
Tags: Donald TrumpFloridaJack SmithJudge Aileen CannonMar-a-LagoU.S. District Judge Aileen CannonFollow Law&Crime:
Badenoch blasts 'moaning' female Labour MPs over Burnham jobs 'quota'

Kemi Badenoch has told Labour women to earn a job in Andy Burnham's Cabinet instead of demanding they are handed jobs because of their gender.
The Tory leader lashed out today amid reports that female MPs are demanding the de-facto new prime minister introduce a 50:50 gender split 'quota' in his government.
Amid reports that former foreign secretary David Miliband is being lined up to return to the role, possibly with his brother Ed as Chancellor, one female minister also complained that Burnham could not have 'more Milibands than women' in the top posts.
But in a scathing article in the Times today Mrs Badenoch told them to 'stop moaning' and get chosen on merit instead of retreating into 'more of the failed identity politics that is holding back our country'.
'There are many, many reasons why you shouldn't have any Milibands in the cabinet,' she said.
'But complaining that the boys haven't given them the right jobs or that the boys are taking all the jobs, just shows that Labour's women still don't get it.'
The idea of quotas was also attacked by Baroness Jacqui Smith, Labour's Skills Minister.
Asked by Times Radio if Mr Burnham should reserve jobs for women, she said: 'No, I think what Andy Burnham should be doing is building the very best team around him to change this country.'
A letter written by the Women's Parliamentary Labour Party has called on Mr Burnham to ensure a 50:50 split between men and women in government jobs
Amid reports that former foreign secretary David Miliband (above, right, in 2010) is being lined up to return to the role, possibly with his brother Ed as Chancellor, one female minister complained that Burnham could not have 'more Milibands than women' in the top posts
But Mrs Badenoch told them to pipe down and get chosen on merit instead of retreating into 'more of the failed identity politics that is holding back our country'
A letter written by the Women's Parliamentary Labour Party and seen by the BBC has called on Mr Burnham to ensure a 50:50 split between men and women in government jobs after he succeeds Sir Keir Starmer.
'We are asking you to demonstrate this change from day one and address the toxicity and misogyny within our own party and government,' it said.
Labour has never had a female leader, while the Conservatives have had three, and Mrs Badenoch urged the government to follow its meritocratic example.
'If you run a meritocracy, then you do not have to worry about jobs for the boys,' she wrote.
'Every woman who is a Conservative MP, every woman who has ever won the leadership, has had to fight to get where she is.
'By contrast, Labour women are demanding guarantees from Burnham. But the truth is he doesn't have to give any guarantees.
'If none of Labour's women are prepared to get their hands dirty and challenge him for the leadership, their demands are toothless.'
'In fact, it's quite revealing that the women's parliamentary Labour Party has written to Burnham asking him to commit himself to at least 50 per cent female ministers.
'This has nothing to do with meritocracy. It is yet more of the failed identity politics that is holding back our country.'
Venezuela Fury and Noah Price subsidising their life by livestreaming

Venezuela Fury and her husband Noah Price look to be making their own way in the world by raking it in from their lucrative social media accounts.
The influencer daughter of Tyson and Paris Fury, 16, has become an internet sensation after tying the knot with her husband Noah, 19, earlier this year.
Since getting married and moving in together the couple have been earning thousands of pounds a month, livestreaming their life as newlyweds in their static caravan in the East Riding of Yorkshire.
And fans can't get enough of their regular life updates on TikTok and Kick, which have proved to be very profitable for the pair.
They look to be supporting themselves after Noah denied that he was given £5million by Venezuela's family as a wedding gift.
Despite his wife's huge family wealth, an estimated combined £160 million, Noah recently told his Kick followers that he 'pays for everything' for the couple.
Making light of the claims about Venezuela's millionaire financial status, Noah said: 'I actually pay for everything unfortunately. You'd expect the millionaire to pay for it wouldn't you.'
Venezuela Fury and Noah Price are earning thousands livestreaming their caravan life - after her new groom insisted he pays all the bills and denied he had £5m handout from her dad
The influencer daughter of Tyson and Paris Fury , 16, has become an internet sensation after tying the knot with her husband Noah, 19, earlier this year
Venezuela then asked their fans: 'Do you think I am a millionaire?'
Noah joked: 'She isn't a secret millionaire guys', before she broke into song and sang: 'But I live like a millionaire!'
But it seems according to estimated calculations from their social media work, Noah and Venezuela can more than afford to support themselves.
Noah has been livestreaming on platforms such as Kick and TikTok, where viewers can send paid gifts or donations.
He was previously encouraging viewers to send gifts on his honeymoon during livestreams, suggesting this is one revenue stream.
Both Noah and Venezuela have built substantial followings on Instagram and TikTok. They can potentially earn money through sponsored posts, brand collaborations, affiliate links and creator payouts.
Kick allows its creators to take home 95 per cent of the £4.99 subscription cost that fans pay.
Streamers keep 100 per cent of direct tips and donations, minus minor standard payment processing fees.
It is unclear how many subscribers Noah currently has because this information is hidden, but he does have 7,200 followers which is publicly viewable.
An industry insider has suggested Noah is making around £400 per video on TikTok, while Venezuela is likely to make £2,000 due to her following count of 1.3 million.
An industry insider has suggested Noah is making around £400 per video on TikTok, while Venezuela is likely to make £2,000 due to her following count of 1.3 million
In one video on their honeymoon, Noah asked his followers if they'd give them some more gifts now that they were married.
In a TikTok live viewed by 20,000 he said: 'Keep liking our videos people, keep sending gifts.'
After saying thank you to several of his followers he joked they should stick around on the livestream and 'watch Venezuela punch me in the mouth'.
The other half of the honeymooning couple said: 'I am, honestly!'
Noah previously confirmed that the pair don't share their finances after they were asked whether they have a shared bank account.
'She earns her money, I earn mine,' said Noah, as Venezuela joked: 'Yeah, what you gonna do about it.'
Noah went on to debunk the rumour that Tyson gave him £5million when he tied the knot with his daughter as he insisted: 'No Tyson did not give me £5million'.
Meanwhile Venezuela is being eyed up by executives for a fly on the wall TV series.
Noah went on to debunk the rumour that Tyson gave him £5million when he tied the knot with his daughter as he insisted: 'No Tyson did not give me £5million'
Boasting 1.3 million TikTok followers, Venezuela is already entertaining fans with her honest musings and candid moments, from cooking to kitting out her and Noah's static caravan home.
And following the success of the Netflix series At Home With The Furys, it is no wonder bosses are wanting to draw on the Fury popularity.
A TV insider said: 'The couple are not A-list celebrities but everyone has become obsessed with their love story.
'People are genuinely intrigued by them. Whether it’s the fact they have married so young, Venezuela’s famous family or their gypsy lifestyle, they have the ‘X factor'.
'Several TV executives think a proper fly-on-the-wall series following their lives as newlyweds in the gypsy community would be fascinating,' they told The Sun.
It is thought Netflix would be likely to produce the series due to their already established relationship with the Furys.
Venezuela's representatives told The Daily Mail: 'We have many offers on the table regarding Venezuela which we are discussing.'