Will Democrats Be Able to Force Disclosure of Jack Smith’s Mar-a-Lago Report?

If they take control of a chamber of Congress next year, all bets are off.

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Former Special Counsel Jack Smith attends a House Judiciary Committee to testify about his criminal investigation of President Donald Trump, on Capitol Hill in Washington, D.C., January 22, 2026.

Kevin Lamarque/Reuters

This is the second of two columns on what is shaping up as a battle by President Trump and his Justice Department to discredit as illegitimate the Biden Justice Department’s two criminal prosecutions of Trump — the Mar-a-Lago documents case and the January 6 case, which involved the 2020 presidential election. The controversy crystallized this past week when Judge Aileen Cannon, a Trump appointee, forbade the Justice Department from disclosing Biden DOJ special counsel Jack Smith’s final report on the Mar-a-Lago investigation. Here’s the first column.

In the first column of this two-part series, we began exploring the rationale of Judge Aileen Cannon, a Trump appointee to the federal district court in South Florida, for purporting to order the Justice Department not to disclose the final report on the Mar-a-Lago documents probe by Biden DOJ special counsel Jack Smith — an investigation of President Trump’s alleged illegal retention of national-defense intelligence and alleged obstruction of that investigation.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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