Judge Cannon's Ruling May Not Be the Last Word on Jack Smith

Conservative National Review reporter Andrew McCarthy argues that the classified documents section of Smith's report could still be released.

Published on Mar. 2, 2026

Got story updates? Submit your updates here. ›

In 2024, Donald Trump became the first GOP presidential candidate to win his party's nomination despite facing four criminal indictments. After Trump narrowly defeated Vice President Kamala Harris in the general election, special counsel Jack Smith said his two federal cases against Trump should not proceed due to DOJ policy against prosecuting a sitting president. However, Smith prepared a two-part final report, with the first part on election interference released, while the Mar-a-Lago/classified documents part was not released after Judge Aileen Cannon, a Trump appointee, ruled it should remain unreleased. Conservative commentator Andrew McCarthy argues that Cannon's ruling may not be the final word, as Attorney General Garland had the authority to release the full report and it has become standard practice to do so in cases involving allegations of political corruption and abuse of power.

Why it matters

This case highlights the ongoing legal battles and political tensions surrounding the investigations into Donald Trump's actions, even after he left office. The potential release of the classified documents section of Smith's report could provide further insight into Trump's handling of sensitive materials and any potential abuse of power.

The details

Special counsel Jack Smith prepared a two-part final report on his cases against Trump, with the first part on election interference released, while the Mar-a-Lago/classified documents part was not released after Judge Aileen Cannon, a Trump appointee, ruled it should remain unreleased. Conservative commentator Andrew McCarthy argues that Cannon's ruling may not be the final word, as Attorney General Garland had the authority to release the full report and it has become standard practice to do so in cases involving allegations of political corruption and abuse of power.

  • In 2024, Donald Trump became the first GOP presidential candidate to win his party's nomination despite facing four criminal indictments.
  • After Trump narrowly defeated Vice President Kamala Harris in the 2024 general election, special counsel Jack Smith said his two federal cases against Trump should not proceed due to DOJ policy against prosecuting a sitting president.
  • Before then-President Joe Biden and then-U.S. Attorney General Merrick Garland left their positions, Smith prepared a two-part final report on his cases.
  • Judge Aileen Cannon, a Trump appointee, recently ruled that the Mar-a-Lago/classified documents part of Smith's report should remain unreleased.

The players

Donald Trump

The former president of the United States who was facing four criminal indictments when he won the 2024 GOP presidential nomination and went on to narrowly defeat Vice President Kamala Harris in the general election.

Kamala Harris

The former vice president of the United States who was defeated by Donald Trump in the 2024 presidential election.

Jack Smith

The special counsel who prepared a two-part final report on his cases against Donald Trump, with the first part on election interference released and the Mar-a-Lago/classified documents part not released.

Aileen Cannon

The judge appointed by Donald Trump who ruled that the Mar-a-Lago/classified documents part of Smith's report should remain unreleased.

Merrick Garland

The former U.S. Attorney General who had the authority to release Smith's final reports before leaving office.

Got photos? Submit your photos here. ›

What they’re saying

“Even if Garland was politically motivated, he had authority as AG, under the governing regulation, to publicize Smith's final reports. And he had history on his side. Over the years, it has become standard practice for such reports to be released to Congress and the public.”

— Andrew McCarthy, Conservative National Review reporter (National Review)

“She rationalizes that Smith's appointment was invalid and, therefore, that everything he did was corrupt and lawless. Bondi is committed to promoting the president's false narrative that he did nothing wrong and the cases against him collapsed because they were baseless. It's laughable. Neither indictment was dismissed on the merits.”

— Andrew McCarthy, Conservative National Review reporter (National Review)

What’s next

McCarthy suggests that Cannon's ruling may not be the final word on the classified documents section of Smith's report, as the new U.S. Attorney General Pam Bondi could potentially challenge the decision and seek to have the full report released.

The takeaway

This case highlights the ongoing legal and political battles surrounding the investigations into Donald Trump's actions, even after he left office. The potential release of the classified documents section of Smith's report could provide further insight into Trump's handling of sensitive materials and any potential abuse of power, underscoring the importance of government transparency and accountability.