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"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."
"Not national security that has anything to do with the national defense or harm to the nation," said independent journalist Ken Klippenstein. "But the self-serving kind that protects the system from the people."
After its near-unanimous approval in Congress and following months of sustained public pressure, President Donald Trump signed a law on Wednesday releasing the files from the FBI's investigation into the late sex trafficker Jeffrey Epstein.
The law is called the "Epstein Files Transparency Act," but critics fear that a key provision could allow the US Department of Justice to keep critical information from coming to light.
The law requires Attorney General Pam Bondi to "make publicly available in a searchable and downloadable format all unclassified records, documents, communications, and investigative materials" related to the investigations into Epstein and his partner and coconspirator Ghislaine Maxwell within the next 30 days.
But critically, it gives Bondi expansive power to redact large amounts of information, potentially burying material that may be incriminating to the president, whose relationship with the disgraced financier has become the subject of greater speculation with each new set of documents released.
One provision allows Bondi to redact documents to strike information that "would jeopardize an active federal investigation or ongoing prosecution." Last week, Trump ordered Bondi to open investigations into Epstein's connections with several prominent Democrats: Among them are former President Bill Clinton, former Treasury Secretary Larry Summers, and Democratic donor Reid Hoffman.
Lawmakers have raised fears that these investigations were enacted to give Bondi greater leeway to scrub information from the record. On Monday, Rep. Thomas Massie (Ky.), the law's Republican cosponsor, warned that the DOJ "may be trying to use those investigations as a predicate for not releasing the files."
But another largely overlooked section may give her even more sweeping authority. The law states that information may also be redacted "if the attorney general makes a determination that covered information may not be declassified and made available in a manner that protects the national security of the United States, including methods or sources related to national security." It also allows her to redact information deemed "to be kept secret in the interest of national defense or foreign policy."
While the law requires Bondi to issue a written justification for each piece of redacted information and also clarifies that no file shall be "withheld, delayed, or redacted on the basis of embarrassment, reputational harm, or political sensitivity, including to any government official, public figure, or foreign dignitary," it does not define the criteria Bondi must use to determine whether something is in the interest of America's "national security," "national defense," or "foreign policy."
"One glaring loophole will prevent full transparency: It’s called national security," wrote independent journalist Ken Klippenstein Monday, as the House moved toward a vote on the files. "Not national security that has anything to do with the national defense or harm to the nation, but the self-serving kind that protects the system from the people by depriving them of information."
There are many cases in recent memory of the US using national security as a justification to withhold information from the public. Earlier this year, the Trump administration used its "state secrets" privilege to deny a judge's request to turn over information related to its extrajudicial deportation flights to El Salvador, arguing that it would compromise its diplomatic relations with that country. Meanwhile, past administrations have used national security to justify keeping the public in the dark about everything from the military's use of torture to the government's mass surveillance of American citizens.
While the primary interest in Epstein surrounds his alleged role in facilitating a sex trafficking ring for the political and economic elite, there are clear cases where the government could attempt to use national security as a justification to keep information hidden.
For example, recent documents have revealed the extent of his involvement with foreign intelligence and dealmaking. Drop Site News has reported extensively on Epstein's long history working as an informal fixer for former Israeli Prime Minister Ehud Barak to secure deals with several foreign nations that benefited Israel and attempted to shape global politics, including in the United States, to its interests.
Klippenstein has also raised concerns about the inclusion of the word "unclassified" in the bill, which he noted "is an official word that in theory only exists when it comes to national security matters; that is, that the release of such information could cause 'harm' to national security."
He said he asked Massie and the law's Democratic cosponsor, Ro Khanna (Calif.), for comment on why that word was included at all since the law does not relate to national security. Neither responded.
But Massie told journalist Michael Tracey back in September that a similar provision to redact info related to “national defense” was included because, "You have to put that in there if you’re going to get them to sign it."
House Speaker Mike Johnson (R-La.), who fought against the release of the files until the bitter end but ultimately voted for the bill along with all but one member of the House, invoked what he called "national security concerns" in a last-ditch effort to stop the discharge petition that brought the Epstein bill to the House floor.
It echoed what Bondi herself said back in March when asked on Fox News why any information besides victims' names would need to be stricken from the record: "Of course, national security."
"If large sections of the files remain redacted or withheld, the public may face a truncated version of 'transparency,' one that protects many of the powerful rather than exposes them," wrote independent journalist Brian Allen. "This is not just a story about Epstein. It is a stress test of our system of accountability."
The Trump administration is facing suspicion from all sides of burying information about the convicted sex criminal, who has a well-documented history with Trump. "This is about transparency and restoring trust, not partisan politics," said Khanna.
U.S. Rep. Ro Khanna said he will attempt to force a vote in Congress to release all the government's files pertaining to the notorious financier and convicted sex offender Jeffrey Epstein.
"On Tuesday, I'm introducing an amendment to force a vote demanding the FULL Epstein files be released to the public," Khanna (D-Calif.) tweeted Saturday night. "Speaker [Mike Johnson] must call a vote and put every Congress member on record."
The administration of President Donald Trump has been accused in recent days of covering up information about the extent of the financier's crimes and his connections to powerful individuals, including President Donald Trump himself.
"Why are the Epstein files still hidden? Who are the rich and powerful being protected?" Khanna asked.
Since Epstein's death in 2019 in federal custody following charges of child sex-trafficking, the billionaire investor has been the subject of rampant speculation.
Though his death was officially ruled a suicide, some have speculated that Epstein was murdered to prevent him from implicating other elite "clients" in his sex-trafficking ring. Epstein had relationships with powerful individuals, including former President Bill Clinton and the U.K.'s Prince Andrew.
Trump also has a well-documented history with Epstein. They have been extensively photographed together. And last year, an audio tape was released in which Epstein described himself as "Donald Trump's closest friend."
In June, amid a public falling-out with the president, billionaire Elon Musk said that the Trump administration, which he'd just departed, was covering up the files to protect Trump.
"Time to drop the really big bomb: @realDonaldTrump is in the Epstein files," he wrote. That is the real reason they have not been made public."
During the 2024 campaign, Trump said he would "probably" release the so-called "Epstein files" to the public. Meanwhile, many members of his Department of Justice—including FBI Director Kash Patel—rose to prominence in part by accusing Joe Biden's administration of covering up secrets about Epstein to protect powerful Democrats and other elites.
During his confirmation hearing, Patel said he would "do everything if confirmed as FBI director to make sure the American public knows the full weight of what happened."
In February, Attorney General Pam Bondi said the DOJ would be "lifting the veil" on "Epstein and his co-conspirators." She said she had Epstein's client list "sitting on my desk right now to review" and promised that "a lot of names" would be revealed. Though in subsequent days, little was released beyond information that was already public.
A memo released July 7 by the DOJ later stated that there was "no incriminating client list" and that Epstein indeed committed suicide. It also said that "no further disclosure would be appropriate or warranted."
This reversal resulted in widespread anger, including from many Trump supporters directed at Bondi, who they accused of covering up information that might damage the president.
"Pam Blondi [sic] is covering up child sex crimes that took place under HER WATCH when she was Attorney General of Florida," wrote one of Trump's closest confidantes, Laura Loomer. "Bondi needs to be fired."
The following day, Trump chastised a reporter for continuing to ask about Epstein.
"Are you still talking about Jeffrey Epstein? This guy's been talked about for years… Are people still talking about this guy? This creep? That is unbelievable," the president said.
He would later write a long Truth Social post in which he defended Bondi and urged the public to "not waste Time and Energy on Jeffrey Epstein, somebody that nobody cares about."
The post received an almost totally negative response on Trump's own social media app.
The administration's dismissive response to the mysteries surrounding Epstein has led to suspicion across the political spectrum, including from some of Trump's closest allies.
"He said 'Epstein' half a dozen times while telling everyone to stop talking about Epstein," wrote Musk on X. "Just release the files as promised."
Khanna is now hoping to wield the widespread backlash to force the administration to come clean about what it knows.
"This is about transparency and restoring trust, not partisan politics. The public outcry is apparent," he said. "The files should be fully released and can be done so consistent with DOJ principles of protecting victims and the innocent."